HB 295

1
A bill to be entitled
2An act relating to driving with a license that is
3canceled, suspended, or revoked; creating the "Saving
4Lives Through Safer Roadways Act"; amending s. 322.34,
5F.S.; requiring a law enforcement officer to impound or
6immobilize a motor vehicle upon the issuance of a citation
7to or arrest of a person for the offense of driving while
8the person's driver's license or driving privilege is
9canceled, suspended, or revoked; removing certain
10conditions for impoundment or immobilization of a vehicle;
11revising procedures and conditions for release of the
12vehicle; revising provisions to clarify applicability of
13penalties; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  This act may be cited as the "Saving Lives
18Through Safer Roadways Act."
19     Section 2.  Section 322.34, Florida Statutes, is amended to
20read:
21     322.34  Driving while license suspended, revoked, canceled,
22or disqualified.-
23     (1)  Except as provided in subsection (2), any person whose
24driver's license or driving privilege has been canceled,
25suspended, or revoked, except a "habitual traffic offender" as
26defined in s. 322.264, who drives a vehicle upon the highways of
27this state while the such license or privilege is canceled,
28suspended, or revoked commits is guilty of a moving violation,
29punishable as provided in chapter 318.
30     (2)  Except as provided in subsection (10), any person
31whose driver's license or driving privilege has been canceled,
32suspended, or revoked as provided by law, except persons defined
33in s. 322.264, who, knowing of such cancellation, suspension, or
34revocation, drives any motor vehicle upon the highways of this
35state while the such license or privilege is canceled,
36suspended, or revoked, upon:
37     (a)  A first conviction is guilty of a misdemeanor of the
38second degree, punishable as provided in s. 775.082 or s.
39775.083.
40     (b)  A second conviction is guilty of a misdemeanor of the
41first degree, punishable as provided in s. 775.082 or s.
42775.083.
43     (c)  A third or subsequent conviction is guilty of a felony
44of the third degree, punishable as provided in s. 775.082, s.
45775.083, or s. 775.084.
46
47The element of knowledge is satisfied if the person has been
48previously cited as provided in subsection (1); or the person
49admits to knowledge of the cancellation, suspension, or
50revocation; or the person received notice as provided in
51subsection (4). There is shall be a rebuttable presumption that
52the knowledge requirement is satisfied if a judgment or order as
53provided in subsection (4) appears in the department's records
54for any case except for one involving a suspension by the
55department for failure to pay a traffic fine or for a financial
56responsibility violation.
57     (3)  In any proceeding for a violation of this section, a
58court may consider evidence, other than that specified in
59subsection (2), that the person knowingly violated this section.
60     (4)  Any judgment or order rendered by a court or
61adjudicatory body or any uniform traffic citation that cancels,
62suspends, or revokes a person's driver's license must contain a
63provision notifying the person that his or her driver's license
64has been canceled, suspended, or revoked.
65     (5)  Except as provided in subsection (10), any person
66whose driver's license has been revoked pursuant to s. 322.264
67(habitual offender) and who drives any motor vehicle upon the
68highways of this state while the such license is revoked commits
69is guilty of a felony of the third degree, punishable as
70provided in s. 775.082, s. 775.083, or s. 775.084.
71     (6)  Any person who operates a motor vehicle:
72     (a)  Without having a driver's license as required under s.
73322.03; or
74     (b)  While his or her driver's license or driving privilege
75is canceled, suspended, or revoked pursuant to s. 316.655, s.
76322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
77
78and who by careless or negligent operation of the motor vehicle
79causes the death of or serious bodily injury to another human
80being commits is guilty of a felony of the third degree,
81punishable as provided in s. 775.082 or s. 775.083.
82     (7)  Any person whose driver's license or driving privilege
83has been canceled, suspended, revoked, or disqualified and who
84drives a commercial motor vehicle on the highways of this state
85while the such license or privilege is canceled, suspended,
86revoked, or disqualified, upon:
87     (a)  A first conviction is guilty of a misdemeanor of the
88first degree, punishable as provided in s. 775.082 or s.
89775.083.
90     (b)  A second or subsequent conviction is guilty of a
91felony of the third degree, punishable as provided in s.
92775.082, s. 775.083, or s. 775.084.
93     (8)(a)  Upon the issuance of a citation to or arrest of a
94person for the offense of driving while the person's driver's
95license or driving privilege is canceled, suspended, or revoked,
96the law enforcement arresting officer shall determine:
97     1.  Whether the person's driver's license is suspended or
98revoked.
99     2.  Whether the person's driver's license has remained
100suspended or revoked since a conviction for the offense of
101driving with a suspended or revoked license.
102     3.  Whether the suspension or revocation was made under s.
103316.646 or s. 627.733, relating to failure to maintain required
104security, or under s. 322.264, relating to habitual traffic
105offenders.
106     4.  Whether the driver is the registered owner or coowner
107of the vehicle.
108     (b)  If the arresting officer finds in the affirmative as
109to all of the criteria in paragraph (a), the officer shall
110immediately impound or immobilize the vehicle pursuant to the
111law enforcement agency's impoundment or immobilization
112procedures or contract with a towing service.
113     (b)(c)  Within 10 7 business days after the date the
114officer arresting agency impounds or immobilizes the vehicle,
115either the law enforcement arresting agency or the towing
116service, whichever is in possession of the vehicle, shall send
117notice by certified mail to all registered any coregistered
118owners of the vehicle other than the person who was cited or
119arrested and to each person of record claiming a lien against
120the vehicle. All costs and fees for the impoundment or
121immobilization, including the cost of notification, must be paid
122by the owner of the vehicle or, if the vehicle is leased, by the
123person leasing the vehicle.
124     (c)(d)  Either the law enforcement arresting agency or the
125towing service, whichever is in possession of the vehicle, shall
126determine whether any vehicle impounded or immobilized under
127this section has been leased or rented or if there are any
128persons of record with a lien upon the vehicle. Either the law
129enforcement arresting agency or the towing service, whichever is
130in possession of the vehicle, shall notify, by express courier
131service with receipt or certified mail within 10 7 business days
132after the date of the immobilization or impoundment of the
133vehicle, the registered owner and all persons having a recorded
134lien against the vehicle that the vehicle has been impounded or
135immobilized. A lessor, rental car company, or lienholder may
136then obtain the vehicle, upon payment of any lawful towing or
137storage charges. If the vehicle is a rental vehicle subject to a
138written contract, the charges may be separately charged to the
139renter, in addition to the rental rate, along with other
140separate fees, charges, and recoupments disclosed on the rental
141agreement. If the storage facility fails to provide timely
142notice to a lessor, rental car company, or lienholder as
143required by this paragraph, the storage facility shall be
144responsible for payment of any towing or storage charges
145necessary to release the vehicle to a lessor, rental car
146company, or lienholder that accrue after the notice period,
147which charges may then be assessed against the driver of the
148vehicle if the vehicle was lawfully impounded or immobilized.
149     (d)(e)  Except as provided in paragraph (c) (d), the
150vehicle shall remain impounded or immobilized for any period
151imposed by the court until:
152     1.  The owner presents to the law enforcement agency proof
153of a valid driver's license, ownership of the vehicle, and
154insurance to the arresting agency; or
155     2.  The owner presents to the law enforcement agency proof
156of sale of the vehicle to the arresting agency and the buyer
157presents to the law enforcement agency proof of a valid driver's
158license, ownership of the vehicle, and insurance to the
159arresting agency.
160
161If proof is not presented within 35 days after the impoundment
162or immobilization, a lien shall be placed upon such vehicle
163pursuant to s. 713.78.
164     (e)(f)  The owner of a vehicle that is impounded or
165immobilized under this subsection may, within 10 days after the
166date the owner has knowledge of the location of the vehicle,
167file a complaint in the county in which the owner resides to
168determine whether the vehicle was wrongfully taken or withheld.
169Upon the filing of a complaint, the owner or lienholder may have
170the vehicle released by posting with the court a bond or other
171adequate security equal to the amount of the costs and fees for
172impoundment or immobilization, including towing or storage, to
173ensure the payment of such costs and fees if the owner or
174lienholder does not prevail. When the vehicle owner or
175lienholder does not prevail on a complaint that the vehicle was
176wrongfully taken or withheld, he or she must pay the accrued
177charges for the immobilization or impoundment, including any
178towing and storage charges assessed against the vehicle. When
179the bond is posted and the fee is paid as set forth in s. 28.24,
180the clerk of the court shall issue a certificate releasing the
181vehicle. At the time of release, after reasonable inspection,
182the owner must give a receipt to the towing or storage company
183indicating any loss or damage to the vehicle or to the contents
184of the vehicle.
185     (9)(a)  A motor vehicle that is driven by a person under
186the influence of alcohol or drugs in violation of s. 316.193 is
187subject to seizure and forfeiture under ss. 932.701-932.706 and
188is subject to liens for recovering, towing, or storing vehicles
189under s. 713.78 if, at the time of the offense, the person's
190driver's license is suspended, revoked, or canceled as a result
191of a prior conviction for driving under the influence.
192     (b)  The law enforcement officer shall notify the
193Department of Highway Safety and Motor Vehicles of any
194impoundment or seizure for violation of paragraph (a) in
195accordance with procedures established by the department.
196     (c)  Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
197the seizing agency obtains a final judgment granting forfeiture
198of the motor vehicle under this section, 30 percent of the net
199proceeds from the sale of the motor vehicle shall be retained by
200the seizing law enforcement agency and 70 percent shall be
201deposited in the General Revenue Fund for use by regional
202workforce boards in providing transportation services for
203participants of the welfare transition program. In a forfeiture
204proceeding under this section, the court may consider the extent
205that the family of the owner has other public or private means
206of transportation.
207     (10)(a)  Notwithstanding any other provision of this
208section, if a person does not have a prior forcible felony
209conviction as defined in s. 776.08, the penalties provided in
210paragraph (b) apply if a person's driver's license or driving
211privilege is canceled, suspended, or revoked for:
212     1.  Failing to pay child support as provided in s. 322.245
213or s. 61.13016;
214     2.  Failing to pay any other financial obligation as
215provided in s. 322.245 other than those specified in s.
216322.245(1);
217     3.  Failing to comply with a civil penalty required in s.
218318.15;
219     4.  Failing to maintain vehicular financial responsibility
220as required by chapter 324;
221     5.  Failing to comply with attendance or other requirements
222for minors as set forth in s. 322.091; or
223     6.  Having been designated a habitual traffic offender
224under s. 322.264(1)(d) as a result of suspensions of his or her
225driver's license or driver privilege for any underlying
226violation listed in subparagraphs 1.-5.
227     (b)1.  Upon a first conviction for knowingly driving while
228his or her license is suspended, revoked, or canceled for any of
229the underlying violations listed in subparagraphs (a)1.-6., a
230person is guilty of commits a misdemeanor of the second degree,
231punishable as provided in s. 775.082 or s. 775.083.
232     2.  Upon a second or subsequent conviction for the same
233offense of knowingly driving while his or her license is
234suspended, revoked, or canceled for any of the underlying
235violations listed in subparagraphs (a)1.-6., a person is guilty
236of commits a misdemeanor of the first degree, punishable as
237provided in s. 775.082 or s. 775.083.
238     (c)(11)(a)  A person who does not hold a commercial
239driver's license and who is cited for an offense of knowingly
240driving while his or her license is suspended, revoked, or
241canceled for any of the underlying violations listed in
242paragraph (10)(a) may, in lieu of payment of fine or court
243appearance, elect to enter a plea of nolo contendere and provide
244proof of compliance to the clerk of the court, designated
245official, or authorized operator of a traffic violations bureau.
246In such case, adjudication shall be withheld. However, no
247election shall be made under this paragraph subsection if such
248person has made an election under this paragraph subsection
249during the preceding 12 months. A person may not make more than
250three elections under this paragraph subsection.
251     (b)  If adjudication is withheld under this paragraph (a),
252such action is not a conviction.
253     Section 3.  This act shall take effect January 1, 2012.


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