Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 792
       
       
       
       
       
       
                                Barcode 744338                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2011           .                                
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       The Committee on Criminal Justice (Margolis) 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 conviction, $250.
   15         (b) A second conviction, $500.
   16         (c) A third or subsequent conviction, $1,000.
   17         Section 2. Subsection (22) is added to section 318.21,
   18  Florida Statutes, to read:
   19         318.21 Disposition of civil penalties by county courts.—All
   20  civil penalties received by a county court pursuant to the
   21  provisions of this chapter shall be distributed and paid monthly
   22  as follows:
   23         (22) Notwithstanding subsections (1) and (2), the proceeds
   24  from the penalties imposed pursuant to s. 318.18(22) shall be
   25  distributed as follows:
   26         (a) For violations committed within a municipality, 40
   27  percent shall be distributed to the municipality, 40 percent
   28  shall be distributed to the county, and 20 percent shall be
   29  distributed to the law enforcement agency that issued the
   30  citation.
   31         (b) For violations committed outside a municipality, 80
   32  percent shall be distributed to the county and 20 percent shall
   33  be distributed to the enforcement agency that issued the
   34  citation.
   35         Section 3. Section 322.34, Florida Statutes, is amended to
   36  read:
   37         322.34 Driving while license suspended or, revoked,
   38  canceled, or disqualified.—
   39         (1) Except as provided in subsection (2), Any person whose
   40  driver’s license or driving privilege has been canceled,
   41  suspended, or revoked, except a person whose driver’s license or
   42  driving privilege has been suspended or revoked pursuant to s.
   43  322.28 or a habitual traffic offender as defined in s.
   44  322.264, who drives a vehicle upon the highways of this state
   45  while such license or privilege is canceled, suspended, or
   46  revoked commits is guilty of a moving violation, punishable as
   47  provided in chapter 318.
   48         (2) Any person whose driver’s license or driving privilege
   49  has been canceled, suspended, or revoked pursuant to s. 322.28,
   50  or as a habitual traffic offender as provided by law, except
   51  persons defined in s. 322.264, who, knowing of such
   52  cancellation, suspension, or revocation, drives any motor
   53  vehicle upon the highways of this state while such license or
   54  privilege is canceled, suspended, or revoked, upon:
   55         (a) A first conviction is guilty of a misdemeanor of the
   56  second degree, punishable as provided in s. 775.082 or s.
   57  775.083.
   58         (b) A second conviction is guilty of a misdemeanor of the
   59  first degree, punishable as provided in s. 775.082 or s.
   60  775.083.
   61         (c) A third or subsequent conviction is guilty of a felony
   62  of the third degree, punishable as provided in s. 775.082, s.
   63  775.083, or s. 775.084.
   64  
   65  The element of knowledge is satisfied if the person has been
   66  previously cited as provided in subsection (1); or the person
   67  admits to knowledge of the cancellation, suspension, or
   68  revocation; or the person received notice as provided in
   69  subsection (4). There shall be a rebuttable presumption that the
   70  knowledge requirement is satisfied if a judgment or order as
   71  provided in subsection (4) appears in the department’s records
   72  for any case except for one involving a suspension by the
   73  department for failure to pay a traffic fine or for a financial
   74  responsibility violation.
   75         (3) In any proceeding for a violation of this section, a
   76  court may consider evidence, other than that specified in
   77  subsection (2), that the person knowingly violated this section.
   78         (4) Any judgment or order rendered by a court or
   79  adjudicatory body or any uniform traffic citation that cancels,
   80  suspends, or revokes a person’s driver’s license must contain a
   81  provision notifying the person that his or her driver’s license
   82  has been canceled, suspended, or revoked.
   83         (5)The motor vehicle being driven at the time of the
   84  offense in subsection (2) shall be immediately impounded if the
   85  driver is the registered owner of the vehicle, and the vehicle
   86  may not be released from impoundment before the impoundment
   87  surcharge is paid. The impoundment surcharge for:
   88         (a) A first offense, is $250 before release of the vehicle
   89  from impoundment.
   90         (b) A second offense, is $500 before release of the vehicle
   91  from impoundment.
   92         (c) A third or subsequent offense, is $1,000 before release
   93  of the vehicle from impoundment.
   94  
   95  The proceeds from impoundment surcharges shall be distributed as
   96  civil penalties pursuant to s. 318.21(22). Any impoundment
   97  surcharge collected under this subsection shall be credited
   98  toward the civil penalty amount assessed pursuant to s.
   99  318.18(22).
  100         (6)(5) Any person whose driver’s license has been revoked
  101  pursuant to s. 322.264, except for a violation of s.
  102  322.264(1)(d), as a (habitual traffic offender) and who drives
  103  any motor vehicle upon the highways of this state while such
  104  license is revoked commits is guilty of a felony of the third
  105  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  106  775.084.
  107         (7)(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         (8)(7) Any person whose driver’s license or driving
  119  privilege has been canceled, suspended, revoked, or disqualified
  120  and who drives a commercial motor vehicle on the highways of
  121  this state while such license or privilege is canceled,
  122  suspended, revoked, 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         (9)(8)(a) Upon issuing a citation to the arrest of a person
  130  for a violation of subsection (2), the offense of driving while
  131  the person’s driver’s license or driving privilege is suspended
  132  or revoked, the law enforcement arresting officer shall
  133  immediately impound the vehicle if the driver is the registered
  134  owner of the vehicle. determine:
  135         1. Whether the person’s driver’s license is suspended or
  136  revoked.
  137         2. Whether the person’s driver’s license has remained
  138  suspended or revoked since a conviction for the offense of
  139  driving with a suspended or revoked license.
  140         3. Whether the suspension or revocation was made under s.
  141  316.646 or s. 627.733, relating to failure to maintain required
  142  security, or under s. 322.264, relating to habitual traffic
  143  offenders.
  144         4. Whether the driver is the registered owner or coowner of
  145  the vehicle.
  146         (b) If the arresting officer finds in the affirmative as to
  147  all of the criteria in paragraph (a), the officer shall
  148  immediately impound or immobilize the vehicle.
  149         (b)(c) Within 7 business days after the date the vehicle is
  150  impounded arresting agency impounds or immobilizes the vehicle,
  151  either the law enforcement arresting agency or the towing
  152  service, whichever is in possession of the vehicle, shall send
  153  notice pursuant to s. 713.78 by certified mail to any
  154  coregistered owners of the vehicle other than the person who was
  155  cited, to the traffic violations bureau, arrested and to each
  156  person of record claiming a lien against the vehicle. All costs
  157  and fees for the impoundment or immobilization, including the
  158  cost of notification, must be paid by the owner of the vehicle
  159  or, if the vehicle is leased, by the person leasing the vehicle.
  160         (c)(d)Either The law enforcement arresting agency or the
  161  towing service, whichever is in possession of the vehicle, shall
  162  determine whether any vehicle impounded or immobilized under
  163  this section has been leased or rented or if there are any
  164  persons of record with a lien upon the vehicle. Either The law
  165  enforcement arresting agency or the towing service, whichever is
  166  in possession of the vehicle, shall send notice pursuant to s.
  167  713.78 notify by express courier service with receipt or
  168  certified mail within 7 business days after the date of the
  169  immobilization or impoundment of the vehicle, to the registered
  170  owner and all persons having a recorded lien against the vehicle
  171  that the vehicle has been impounded or immobilized. A lessor,
  172  rental car company, or lienholder may then obtain the vehicle,
  173  upon payment of any lawful towing or storage charges. If the
  174  vehicle is a rental vehicle subject to a written contract, the
  175  charges may be separately charged to the renter, in addition to
  176  the rental rate, along with other separate fees, charges, and
  177  recoupments disclosed on the rental agreement. If the storage
  178  facility fails to provide timely notice to a lessor, rental car
  179  company, or lienholder as required by this paragraph, the
  180  storage facility shall be responsible for payment of any towing
  181  or storage charges necessary to release the vehicle to a lessor,
  182  rental car company, or lienholder that accrue after the notice
  183  period, which charges may then be assessed against the driver of
  184  the vehicle if the vehicle was lawfully impounded or
  185  immobilized.
  186         (d)(e) Except as provided in paragraph (c) (d), the vehicle
  187  shall remain impounded or immobilized for any period imposed by
  188  the court until payment of the applicable impoundment surcharge
  189  required under s. 318.18 and:
  190         1. The person retrieving the vehicle owner presents to the
  191  law enforcement agency proof of a valid driver’s license, proof
  192  of ownership of the vehicle or written consent by the owner
  193  authorizing release to the person, and proof of insurance to the
  194  arresting agency; or
  195         2. The owner presents to the law enforcement agency proof
  196  of sale of the vehicle to the arresting agency and the buyer
  197  presents proof of insurance to the arresting agency.
  198  
  199  If proof is not presented within 35 days after the impoundment
  200  or immobilization, a lien shall be placed upon such vehicle
  201  pursuant to s. 713.78.
  202         (e)(f) The owner of a vehicle that is impounded or
  203  immobilized under this subsection may, within 10 days after the
  204  date the owner has knowledge of the location of the vehicle,
  205  file a complaint in the county in which the owner resides to
  206  determine whether the vehicle was wrongfully taken or withheld.
  207  Upon the filing of a complaint, the owner or lienholder may have
  208  the vehicle released by posting with the court a bond or other
  209  adequate security equal to the amount of the costs and fees for
  210  impoundment or immobilization, including towing or storage, to
  211  ensure the payment of such costs and fees if the owner or
  212  lienholder does not prevail. When the vehicle owner or
  213  lienholder does not prevail on a complaint that the vehicle was
  214  wrongfully taken or withheld, he or she must pay the accrued
  215  charges for the immobilization or impoundment, including any
  216  towing and storage charges assessed against the vehicle. When
  217  the bond is posted and the fee is paid as set forth in s. 28.24,
  218  the clerk of the court shall issue a certificate releasing the
  219  vehicle. At the time of release, after reasonable inspection,
  220  the owner must give a receipt to the towing or storage company
  221  indicating any loss or damage to the vehicle or to the contents
  222  of the vehicle.
  223         (f)Notwithstanding any other provision of this section,
  224  the court shall order the release of the vehicle from
  225  impoundment if the court finds undue hardship to a family
  226  relying upon use of the vehicle without any other means of
  227  private transportation.
  228         (7)(9)(a) A motor vehicle that is driven by a person under
  229  the influence of alcohol or drugs in violation of s. 316.193 is
  230  subject to seizure and forfeiture under ss. 932.701-932.706 and
  231  is subject to liens for recovering, towing, or storing vehicles
  232  under s. 713.78 if, at the time of the offense, the person’s
  233  driver’s license is suspended, revoked, or canceled as a result
  234  of a prior conviction for driving under the influence.
  235         (b) The law enforcement officer shall notify the Department
  236  of Highway Safety and Motor Vehicles of any impoundment or
  237  seizure for violation of paragraph (a) in accordance with
  238  procedures established by the department.
  239         (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
  240  the seizing agency obtains a final judgment granting forfeiture
  241  of the motor vehicle under this section, 30 percent of the net
  242  proceeds from the sale of the motor vehicle shall be retained by
  243  the seizing law enforcement agency and 70 percent shall be
  244  deposited in the General Revenue Fund for use by regional
  245  workforce boards in providing transportation services for
  246  participants of the welfare transition program. In a forfeiture
  247  proceeding under this section, the court may consider the extent
  248  that the family of the owner has other public or private means
  249  of transportation.
  250         (8)(10)(a) Notwithstanding any other provision of this
  251  section, if a person does not have a prior forcible felony
  252  conviction as defined in s. 776.08, the procedures penalties
  253  provided in paragraph (b) apply if a person’s driver’s license
  254  or driving privilege is canceled, suspended, or revoked for:
  255         1. Failing to pay child support as provided in s. 322.245
  256  or s. 61.13016;
  257         2. Failing to pay any other financial obligation as
  258  provided in s. 322.245 other than those specified in s.
  259  322.245(1);
  260         3. Failing to comply with a civil penalty required in s.
  261  318.15;
  262         4. Failing to maintain vehicular financial responsibility
  263  as required by chapter 324;
  264         5. Failing to comply with attendance or other requirements
  265  for minors as set forth in s. 322.091; or
  266         6. Having been designated a habitual traffic offender under
  267  s. 322.264(1)(d) as a result of suspensions of his or her
  268  driver’s license or driver privilege for any underlying
  269  violation listed in subparagraphs 1.-5.
  270         (b)1. Upon a first conviction for knowingly driving while
  271  his or her license is suspended, revoked, or canceled for any of
  272  the underlying violations listed in subparagraphs (a)1.-6., a
  273  person commits a misdemeanor of the second degree, punishable as
  274  provided in s. 775.082 or s. 775.083.
  275         2. Upon a second or subsequent conviction for the same
  276  offense of knowingly driving while his or her license is
  277  suspended, revoked, or canceled for any of the underlying
  278  violations listed in subparagraphs (a)1.-6., a person commits a
  279  misdemeanor of the first degree, punishable as provided in s.
  280  775.082 or s. 775.083.
  281         (b)(11)(a) A person who does not hold a commercial driver’s
  282  license and who is cited for an offense of knowingly driving
  283  while his or her license is suspended, revoked, or canceled for
  284  any of the underlying violations listed in paragraph (10)(a)
  285  may, in lieu of payment of fine or court appearance, elect to
  286  enter a plea of nolo contendere and provide proof of compliance
  287  to the clerk of the court, designated official, or authorized
  288  operator of a traffic violations bureau. In such case,
  289  adjudication shall be withheld and the clerk of the court,
  290  designated official, or authorized operator of a traffic
  291  violations bureau shall issue a certificate releasing the
  292  vehicle upon payment of the cost of towing and storing the
  293  vehicle. However, no election shall be made under this
  294  subsection if such person has made an election under this
  295  subsection during the preceding 12 months. A person may not make
  296  more than three elections under this subsection.
  297         (c)(b) If adjudication is withheld under paragraph (b) (a),
  298  such action is not a conviction.
  299         Section 4. This act shall take effect July 1, 2011.
  300  
  301  ================= T I T L E  A M E N D M E N T ================
  302         And the title is amended as follows:
  303         Delete everything before the enacting clause
  304  and insert:
  305                        A bill to be entitled                      
  306         An act relating to driving without a valid driver’s
  307         license; amending s. 318.18, F.S.; providing an
  308         additional fine for a violation of specified
  309         provisions relating to driving with a canceled,
  310         suspended, or revoked driver’s license or driving
  311         privilege; providing increased fine amounts for second
  312         or subsequent violations; amending s. 318.21, F.S.;
  313         providing for distribution of such fines collected;
  314         amending s. 322.34, F.S.; revising provisions relating
  315         to a conviction of the offense of driving while a
  316         person’s driver’s license or driving privilege is
  317         canceled, suspended, or revoked; requiring immediate
  318         impoundment of the motor vehicle; conforming
  319         provisions; revising penalties for knowingly driving
  320         while the driver’s license or driving privilege is
  321         canceled, suspended, or revoked; revising procedures
  322         for impoundment of the vehicle; providing an effective
  323         date.