HB 161

1
A bill to be entitled
2An act relating to driving without a valid driver
3license; amending s. 318.18, F.S.; providing an
4additional fine for a violation of specified
5provisions relating to driving with a canceled,
6suspended, or revoked driver's license or driving
7privilege; providing increased fine amounts for second
8or subsequent violations; amending s. 318.21, F.S.;
9providing for distribution of such fines collected;
10amending s. 322.34, F.S.; revising penalties for
11knowingly driving while the driver's license or
12driving privilege is canceled, suspended, or revoked;
13revising procedures for impoundment or immobilization
14of the vehicle; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (22) is added to section 318.18,
19Florida Statutes, to read:
20     318.18  Amount of penalties.-The penalties required for a
21noncriminal disposition pursuant to s. 318.14 or a criminal
22offense listed in s. 318.17 are as follows:
23     (22)  For a person knowingly driving any motor vehicle upon
24the highways of this state while the person's driver's license
25or privilege to drive is canceled, suspended, or revoked in
26violation of s. 322.34(2), in addition to the fine under
27paragraph (3)(a), upon:
28     (a)  A first offense, $100 before release of the vehicle
29from immobilization or impoundment.
30     (b)  A second offense, $500 before release of the vehicle
31from immobilization or impoundment.
32     (c)  A third or subsequent offense, $1,000 before release
33of the vehicle from immobilization or impoundment.
34     Section 2.  Subsection (22) is added to section 318.21,
35Florida Statutes, to read:
36     318.21  Disposition of civil penalties by county courts.-
37All civil penalties received by a county court pursuant to the
38provisions of this chapter shall be distributed and paid monthly
39as follows:
40     (22)  Notwithstanding subsections (1) and (2), the proceeds
41from the penalties imposed pursuant to s. 318.18(22) shall be
42distributed as follows:
43     (a)  For violations committed within a municipality, 40
44percent shall be distributed to the municipality, 40 percent
45shall be distributed to the county, and 20 percent shall be
46distributed to the agency or company that towed and stored the
47vehicle.
48     (b)  For violations committed outside a municipality, 80
49percent shall be distributed to the county and 20 percent shall
50be distributed to the agency or company that towed and stored
51the vehicle.
52     Section 3.  Section 322.34, Florida Statutes, is amended to
53read:
54     322.34  Driving while license suspended, revoked, canceled,
55or disqualified.-
56     (1)  Except as provided in subsection (2), Any person whose
57driver's license or driving privilege has been canceled,
58suspended, or revoked, except a "habitual traffic offender" as
59defined in s. 322.264, who drives a vehicle upon the highways of
60this state while such license or privilege is canceled,
61suspended, or revoked commits is guilty of a moving violation,
62punishable as provided in chapter 318.
63     (2)  Any person whose driver's license or driving privilege
64has been canceled, suspended, or revoked as provided by law,
65except a habitual traffic offender as persons defined in s.
66322.264, who, knowing of such cancellation, suspension, or
67revocation, drives any motor vehicle upon the highways of this
68state while such license or privilege is canceled, suspended, or
69revoked commits a moving violation, punishable as provided in
70chapter 318, and the motor vehicle being driven at the time of
71the offense shall be immediately immobilized or impounded.,
72upon:
73     (a)  A first conviction is guilty of a misdemeanor of the
74second degree, punishable as provided in s. 775.082 or s.
75775.083.
76     (b)  A second conviction is guilty of a misdemeanor of the
77first degree, punishable as provided in s. 775.082 or s.
78775.083.
79     (c)  A third or subsequent conviction is guilty of a felony
80of the third degree, punishable as provided in s. 775.082, s.
81775.083, or s. 775.084.
82
83The element of knowledge is satisfied if the person has been
84previously cited as provided in subsection (1); or the person
85admits to knowledge of the cancellation, suspension, or
86revocation; or the person received notice as provided in
87subsection (4). There shall be a rebuttable presumption that the
88knowledge requirement is satisfied if a judgment or order as
89provided in subsection (4) appears in the department's records
90for any case except for one involving a suspension by the
91department for failure to pay a traffic fine or for a financial
92responsibility violation.
93     (3)  In any proceeding for a violation of this section, a
94court may consider evidence, other than that specified in
95subsection (2), that the person knowingly violated this section.
96     (4)  Any judgment or order rendered by a court or
97adjudicatory body or any uniform traffic citation that cancels,
98suspends, or revokes a person's driver's license must contain a
99provision notifying the person that his or her driver's license
100has been canceled, suspended, or revoked.
101     (5)  Any person whose driver's license has been revoked
102pursuant to s. 322.264 as a (habitual traffic offender) and who
103drives any motor vehicle upon the highways of this state while
104such license is revoked commits is guilty of a felony of the
105third degree, punishable as provided in s. 775.082, s. 775.083,
106or s. 775.084.
107     (6)  Any person who operates a motor vehicle:
108     (a)  Without having a driver's license as required under s.
109322.03; or
110     (b)  While his or her driver's license or driving privilege
111is canceled, suspended, or revoked pursuant to s. 316.655, s.
112322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
113
114and who by careless or negligent operation of the motor vehicle
115causes the death of or serious bodily injury to another human
116being commits is guilty of a felony of the third degree,
117punishable as provided in s. 775.082 or s. 775.083.
118     (7)  Any person whose driver's license or driving privilege
119has been canceled, suspended, revoked, or disqualified and who
120drives a commercial motor vehicle on the highways of this state
121while such license or privilege is canceled, suspended, revoked,
122or disqualified, upon:
123     (a)  A first conviction is guilty of a misdemeanor of the
124first degree, punishable as provided in s. 775.082 or s.
125775.083.
126     (b)  A second or subsequent conviction is guilty of a
127felony of the third degree, punishable as provided in s.
128775.082, s. 775.083, or s. 775.084.
129     (8)(a)  Upon issuing a citation to the arrest of a person
130for a violation of subsection (2), knowingly the offense of
131driving while the person's driver's license or driving privilege
132is suspended or revoked, the law enforcement arresting officer
133shall immediately impound or immobilize the vehicle. determine:
134     1.  Whether the person's driver's license is suspended or
135revoked.
136     2.  Whether the person's driver's license has remained
137suspended or revoked since a conviction for the offense of
138driving with a suspended or revoked license.
139     3.  Whether the suspension or revocation was made under s.
140316.646 or s. 627.733, relating to failure to maintain required
141security, or under s. 322.264, relating to habitual traffic
142offenders.
143     4.  Whether the driver is the registered owner or coowner
144of the vehicle.
145     (b)  If the arresting officer finds in the affirmative as
146to all of the criteria in paragraph (a), the officer shall
147immediately impound or immobilize the vehicle.
148     (b)(c)  Within 7 business days after the date the vehicle
149is impounded or immobilized arresting agency impounds or
150immobilizes the vehicle, either the law enforcement arresting
151agency or the towing service, whichever is in possession of the
152vehicle, shall send notice by certified mail to any coregistered
153owners of the vehicle other than the person who was cited
154arrested and to each person of record claiming a lien against
155the vehicle. All costs and fees for the impoundment or
156immobilization, including the cost of notification, must be paid
157by the owner of the vehicle or, if the vehicle is leased, by the
158person leasing the vehicle.
159     (c)(d)  Either the law enforcement arresting agency or the
160towing service, whichever is in possession of the vehicle, shall
161determine whether any vehicle impounded or immobilized under
162this section has been leased or rented or if there are any
163persons of record with a lien upon the vehicle. Either the law
164enforcement arresting agency or the towing service, whichever is
165in possession of the vehicle, shall notify by express courier
166service with receipt or certified mail within 7 business days
167after the date of the immobilization or impoundment of the
168vehicle, the registered owner and all persons having a recorded
169lien against the vehicle that the vehicle has been impounded or
170immobilized. A lessor, rental car company, or lienholder may
171then obtain the vehicle, upon payment of any lawful towing or
172storage charges. If the vehicle is a rental vehicle subject to a
173written contract, the charges may be separately charged to the
174renter, in addition to the rental rate, along with other
175separate fees, charges, and recoupments disclosed on the rental
176agreement. If the storage facility fails to provide timely
177notice to a lessor, rental car company, or lienholder as
178required by this paragraph, the storage facility shall be
179responsible for payment of any towing or storage charges
180necessary to release the vehicle to a lessor, rental car
181company, or lienholder that accrue after the notice period,
182which charges may then be assessed against the driver of the
183vehicle if the vehicle was lawfully impounded or immobilized.
184     (d)(e)  Except as provided in paragraph (c) (d), the
185vehicle shall remain impounded or immobilized for any period
186imposed by the court until payment of the applicable amount
187required under s. 318.18 and:
188     1.  The person retrieving the vehicle owner presents to the
189law enforcement agency proof of a valid driver's license, proof
190of ownership of the vehicle or written consent by the owner
191authorizing release to the person, and proof of insurance to the
192arresting agency; or
193     2.  The owner presents to the law enforcement agency proof
194of sale of the vehicle to the arresting agency and the buyer
195presents proof of insurance to the arresting agency.
196
197If proof is not presented within 35 days after the impoundment
198or immobilization, a lien shall be placed upon such vehicle
199pursuant to s. 713.78.
200     (e)(f)  The owner of a vehicle that is impounded or
201immobilized under this subsection may, within 10 days after the
202date the owner has knowledge of the location of the vehicle,
203file a complaint in the county in which the owner resides to
204determine whether the vehicle was wrongfully taken or withheld.
205Upon the filing of a complaint, the owner or lienholder may have
206the vehicle released by posting with the court a bond or other
207adequate security equal to the amount of the costs and fees for
208impoundment or immobilization, including towing or storage, to
209ensure the payment of such costs and fees if the owner or
210lienholder does not prevail. When the vehicle owner or
211lienholder does not prevail on a complaint that the vehicle was
212wrongfully taken or withheld, he or she must pay the accrued
213charges for the immobilization or impoundment, including any
214towing and storage charges assessed against the vehicle. When
215the bond is posted and the fee is paid as set forth in s. 28.24,
216the clerk of the court shall issue a certificate releasing the
217vehicle. At the time of release, after reasonable inspection,
218the owner must give a receipt to the towing or storage company
219indicating any loss or damage to the vehicle or to the contents
220of the vehicle.
221     (9)(a)  A motor vehicle that is driven by a person under
222the influence of alcohol or drugs in violation of s. 316.193 is
223subject to seizure and forfeiture under ss. 932.701-932.706 and
224is subject to liens for recovering, towing, or storing vehicles
225under s. 713.78 if, at the time of the offense, the person's
226driver's license is suspended, revoked, or canceled as a result
227of a prior conviction for driving under the influence.
228     (b)  The law enforcement officer shall notify the
229Department of Highway Safety and Motor Vehicles of any
230impoundment or seizure for violation of paragraph (a) in
231accordance with procedures established by the department.
232     (c)  Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
233the seizing agency obtains a final judgment granting forfeiture
234of the motor vehicle under this section, 30 percent of the net
235proceeds from the sale of the motor vehicle shall be retained by
236the seizing law enforcement agency and 70 percent shall be
237deposited in the General Revenue Fund for use by regional
238workforce boards in providing transportation services for
239participants of the welfare transition program. In a forfeiture
240proceeding under this section, the court may consider the extent
241that the family of the owner has other public or private means
242of transportation.
243     (10)(a)  Notwithstanding any other provision of this
244section, if a person does not have a prior forcible felony
245conviction as defined in s. 776.08, the procedures penalties
246provided in paragraph (b) apply if a person's driver's license
247or driving privilege is canceled, suspended, or revoked for:
248     1.  Failing to pay child support as provided in s. 322.245
249or s. 61.13016;
250     2.  Failing to pay any other financial obligation as
251provided in s. 322.245 other than those specified in s.
252322.245(1);
253     3.  Failing to comply with a civil penalty required in s.
254318.15;
255     4.  Failing to maintain vehicular financial responsibility
256as required by chapter 324;
257     5.  Failing to comply with attendance or other requirements
258for minors as set forth in s. 322.091; or
259     6.  Having been designated a habitual traffic offender
260under s. 322.264(1)(d) as a result of suspensions of his or her
261driver's license or driver privilege for any underlying
262violation listed in subparagraphs 1.-5.
263     (b)1.  Upon a first conviction for knowingly driving while
264his or her license is suspended, revoked, or canceled for any of
265the underlying violations listed in subparagraphs (a)1.-6., a
266person commits a misdemeanor of the second degree, punishable as
267provided in s. 775.082 or s. 775.083.
268     2.  Upon a second or subsequent conviction for the same
269offense of knowingly driving while his or her license is
270suspended, revoked, or canceled for any of the underlying
271violations listed in subparagraphs (a)1.-6., a person commits a
272misdemeanor of the first degree, punishable as provided in s.
273775.082 or s. 775.083.
274     (b)(11)(a)  A person who does not hold a commercial
275driver's license and who is cited for an offense of knowingly
276driving while his or her license is suspended, revoked, or
277canceled for any of the underlying violations listed in
278paragraph (10)(a) may, in lieu of payment of fine or court
279appearance, elect to enter a plea of nolo contendere and provide
280proof of compliance to the clerk of the court, designated
281official, or authorized operator of a traffic violations bureau.
282In such case, adjudication shall be withheld and the clerk of
283the court, designated official, or authorized operator of a
284traffic violations bureau shall issue a certificate releasing
285the vehicle upon payment of the cost of towing and storing the
286vehicle. However, no election shall be made under this
287subsection if such person has made an election under this
288subsection during the preceding 12 months. A person may not make
289more than three elections under this subsection.
290     (c)(b)  If adjudication is withheld under paragraph (b)
291(a), such action is not a conviction.
292     Section 4.  This act shall take effect January 1, 2013.


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