Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2104
Barcode 911822
CHAMBER ACTION
Senate House
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11 The Committee on Transportation (Dockery) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. This act may be cited as the "Deputy
19 Michael Callin, Michael Haligowski, and Deputy Ryan C. Seguin
20 Memorial Traffic Safety Act."
21 Section 2. Subsection (11) of section 318.14, Florida
22 Statutes, is amended to read:
23 318.14 Noncriminal traffic infractions; exception;
24 procedures.--
25 (11)(a) If adjudication is withheld for any person
26 under subsection (9) or subsection (10) charged or cited under
27 this section, such action is not a conviction.
28 (b) If a person is cited for a violation of s.
29 322.34(2)(a) or (b), whose license has been suspended solely
30 for failure to appear, failure to pay a civil penalty, failure
31 to attend a driver improvement course pursuant to s. 322.291,
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1 failure to pay child support, or failure to pay a judgment,
2 and the person provides the court with a valid or reinstated
3 driver's license and proper proof of maintenance of security
4 as required by s. 316.646, the court may withhold adjudication
5 under this subsection. If adjudication is withheld for any
6 person under this paragraph, such action is not a conviction
7 if adjudication has not been withheld under this paragraph for
8 a prior offense during the 3 years before the date of the
9 cited offense.
10 Section 3. Subsection (7) is added to section 322.03,
11 Florida Statutes, to read:
12 322.03 Drivers must be licensed; penalties.--
13 (7)(a) Every judgment for a violation of subsection
14 (1), regardless of whether adjudication is withheld, must be
15 in writing, signed by the judge, and recorded by the clerk of
16 the circuit court.
17 1. In open court and in the presence of the judge, the
18 judge shall cause the fingerprints of the defendant against
19 whom the judgment is rendered to be affixed beneath the
20 judge's signature to the written judgment of conviction.
21 Beneath the fingerprints shall be appended a certificate to
22 the following effect:
23
24 "I hereby certify that the above fingerprints
25 are those of the defendant, (name of
26 defendant), and that they were placed thereon
27 by the defendant in my presence, in open court,
28 this the .... day of ...., (year)."
29
30 2. The certificate must be signed by the judge, whose
31 signature must be followed by the word "Judge."
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1 3. At the time the defendant's fingerprints are taken,
2 the judge shall also require the defendant to disclose his or
3 her social security number. The defendant's social security
4 number shall be affixed to every written judgment of
5 conviction in open court, in the presence of the judge, and at
6 the time the judgment is rendered. If the defendant is unable
7 or unwilling to disclose his or her social security number,
8 the reason for doing so must be entered on the written
9 judgment.
10 (b) Any written judgment, or a certified copy thereof,
11 is admissible in evidence in the courts of this state as prima
12 facie evidence that the fingerprints appearing thereon and
13 certified by the judge are the fingerprints of the defendant
14 against whom that judgment was rendered.
15 Section 4. Subsections (1) and (6) of section 322.251,
16 Florida Statutes, are amended to read:
17 322.251 Notice of cancellation, suspension,
18 revocation, or disqualification of license.--
19 (1) All orders of cancellation, suspension,
20 revocation, or disqualification issued under the provisions of
21 this chapter, chapter 318, chapter 324, or ss. 627.732-627.734
22 shall be given either by personal delivery thereof to the
23 licensee whose license is being canceled, suspended, revoked,
24 or disqualified or by deposit in the United States mail in an
25 envelope, first class, postage prepaid, addressed to the
26 licensee at his or her last known mailing address furnished to
27 the department. Such mailing by the department constitutes
28 notification, and any failure by the person to receive the
29 mailed order will not affect or stay the effective date or
30 term of the cancellation, suspension, revocation, or
31 disqualification of the licensee's driving privilege.
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1 Notification of cancellation, suspension, revocation, or
2 disqualification given by the department under this section
3 must also inform the person whose license or driving privilege
4 has been canceled, suspended, revoked, or disqualified that
5 any motor vehicle driven by or under the actual physical
6 control of that person while the license or driving privilege
7 is canceled, suspended, revoked, or disqualified is subject to
8 impoundment and immobilization under s. 322.34. However, any
9 failure by the department to include the impoundment and
10 immobilization information with the notification or any
11 failure by the person to receive that information does not
12 affect or stay the effective date or term of the cancellation,
13 suspension, revocation, or disqualification of the licensee's
14 driving privilege and does not preclude, bar, or otherwise
15 affect the impoundment or immobilization of a motor vehicle
16 under s. 322.34.
17 (6)(a) Whenever a cancellation, suspension,
18 revocation, or disqualification occurs, the department shall
19 enter the cancellation, suspension, revocation, or
20 disqualification order on the licensee's driver file 20 days
21 after the notice was actually placed in the mail. Any inquiry
22 into the file after the 20-day period shall reveal that the
23 license is canceled, suspended, revoked, or disqualified and
24 whether the license has been received by the department.
25 (b)1. The department shall make available on its
26 Internet website the means to determine the status of a
27 person's driver's license by entering the person's driver's
28 license number. The department shall also provide an automated
29 telephone hotline to provide callers with the status of a
30 person's driver's license. The information provided on the
31 Internet website or by the telephone hotline under this
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1 subparagraph shall include the date and time that information
2 was first made available to the public.
3 2. Upon request from any law enforcement agency or
4 officer of the court, the department shall certify the date
5 and time the information was first made available to the
6 public under subparagraph 1.
7 Section 5. Subsections (1), (2), (4), (5), and (6) of
8 section 322.34, Florida Statutes, are amended, and subsection
9 (10) is added to that section, to read:
10 322.34 Driving while license suspended, revoked,
11 canceled, or disqualified.--
12 (1) Except as provided in subsection (2) and s.
13 322.341, any person whose driver's license or driving
14 privilege has been canceled, suspended, or revoked, or
15 disqualified, except a "habitual traffic offender" as defined
16 in s. 322.264, who drives a vehicle upon the highways of this
17 state while such license or privilege is canceled, suspended,
18 or revoked, or disqualified commits is guilty of a moving
19 violation, punishable as provided in chapter 318.
20 (2) Except as provided in s. 322.341, any person whose
21 driver's license or driving privilege has been canceled,
22 suspended, or revoked, or disqualified as provided by law,
23 except persons defined in s. 322.264, who, knowing of such
24 cancellation, suspension, or revocation, or disqualification,
25 drives any motor vehicle upon the highways of this state while
26 such license or privilege is canceled, suspended, or revoked,
27 or disqualified, or any person who drives any motor vehicle
28 upon the highways of this state without having a valid
29 driver's license as required under s. 322.03, upon:
30 (a) A first conviction commits is guilty of a
31 misdemeanor of the second degree, punishable as provided in s.
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1 775.082 or s. 775.083, except that any person whose driver's
2 license or driving privilege was canceled, suspended, revoked,
3 or disqualified under s. 322.2615 relating to unlawful
4 blood-alcohol level or breath-alcohol level or for refusal to
5 submit to a breath, urine, or blood test authorized by s.
6 316.1932, s. 322.28(2)(a) for a violation of s. 316.193 or s.
7 316.1931 prohibiting driving under the influence, s.
8 316.655(2) for an alcohol-related or drug-related conviction,
9 or s. 316.1939 for refusal to submit to testing commits a
10 misdemeanor of the first degree, punishable as provided in s.
11 775.082 or s. 775.083.
12 (b) A second conviction commits is guilty of a
13 misdemeanor of the first degree, punishable as provided in s.
14 775.082 or s. 775.083.
15 (c) A third or subsequent conviction commits is guilty
16 of a felony of the third degree, punishable as provided in s.
17 775.082, s. 775.083, or s. 775.084.
18
19 If any person whose driver's license or driving privilege was
20 canceled, suspended, revoked, or disqualified under s.
21 322.2615 relating to unlawful blood-alcohol level or
22 breath-alcohol level or for refusal to submit to a breath,
23 urine, or blood test authorized by s. 316.1932, s.
24 322.28(2)(a) for a violation of s. 316.193 or s. 316.1931
25 prohibiting driving under the influence, s. 316.655(2) for an
26 alcohol-related or drug-related conviction, or s. 316.1939 for
27 refusal to submit to testing is convicted of an offense under
28 this subsection, the court must order imprisonment for not
29 less than 30 days. The element of knowledge is satisfied if
30 the person has been previously cited as provided in subsection
31 (1); or the person admits to knowledge of the cancellation,
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1 suspension, or revocation, or disqualification; or the person
2 received notice as provided in subsection (4). There shall be
3 a rebuttable presumption that the knowledge requirement is
4 satisfied if a judgment or order or a cancellation,
5 suspension, revocation, or disqualification by the department
6 as provided in subsection (4) appears in the department's
7 records for any case except for one involving a suspension by
8 the department for failure to pay a traffic fine or for a
9 financial responsibility violation.
10 (4) Any judgment or order rendered by a court or
11 adjudicatory body, any cancellation, suspension, revocation,
12 or disqualification by the department, or any uniform traffic
13 citation that cancels, suspends, or revokes, or disqualifies a
14 person's driver's license must contain a provision notifying
15 the person that his or her driver's license has been canceled,
16 suspended, or revoked, or disqualified and must inform the
17 person that any motor vehicle driven by that person while the
18 license is canceled, suspended, revoked, or disqualified shall
19 be impounded or immobilized under this section.
20 (5) Any person whose driver's license has been revoked
21 pursuant to s. 322.264 (habitual offender) and who drives any
22 motor vehicle upon the highways of this state while the such
23 license is revoked commits is guilty of a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084, and the court must order imprisonment for not less
26 than 60 days.
27 (6) Any person who operates a motor vehicle:
28 (a) Without having a driver's license as required
29 under s. 322.03; or
30 (b) While his or her driver's license or driving
31 privilege is canceled, suspended, or revoked, or disqualified
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1 pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s.
2 322.28(2) or (4),
3
4 and who by careless or negligent operation of the motor
5 vehicle causes the death of or serious bodily injury to
6 another human being commits is guilty of a felony of the third
7 degree, punishable as provided in s. 775.082 or s. 775.083.
8 (10)(a) With respect to any offense governed by this
9 section, regardless of whether adjudication is withheld, every
10 judgment must be in writing, signed by the judge, and recorded
11 by the clerk of the circuit court.
12 1. In open court and in the presence of the judge, the
13 judge shall cause the fingerprints of the defendant against
14 whom the judgment is rendered to be affixed beneath the
15 judge's signature to the written judgment of conviction.
16 Beneath the fingerprints shall be appended a certificate to
17 the following effect:
18
19 "I hereby certify that the above
20 fingerprints are those of the defendant, (name
21 of defendant), and that they were placed
22 thereon by the defendant in my presence, in
23 open court, this the .... day of ...., (year)."
24
25 2. The certificate must be signed by the judge, whose
26 signature must be followed by the word "Judge."
27 3. At the time the defendant's fingerprints are taken,
28 the judge shall also require the defendant to disclose his or
29 her social security number. The defendant's social security
30 number shall be affixed to every written judgment of
31 conviction in open court, in the presence of the judge, and at
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1 the time the judgment is rendered. If the defendant is unable
2 or unwilling to disclose his or her social security number,
3 the reason for doing so must be entered on the written
4 judgment.
5 (b) Any such written judgment, or a certified copy
6 thereof, is admissible in evidence in the courts of this state
7 as prima facie evidence that the fingerprints appearing
8 thereon and certified by the judge are the fingerprints of the
9 defendant against whom that judgment was rendered.
10 Section 6. Effective July 1, 2008, subsections (3) and
11 (8) of section 322.34, Florida Statutes, as amended by this
12 act, are amended, and subsection (11) is added to that
13 section, to read:
14 322.34 Driving while license suspended, revoked,
15 canceled, or disqualified.--
16 (3) In any proceeding for a violation of this section,
17 a court may consider evidence, other than that specified in
18 subsection (2) or subsection (11), that the person knowingly
19 violated this section.
20 (8)(a) 1. If a law enforcement officer determines
21 that a motor vehicle is being driven by or is under the actual
22 physical control of a person whose driver's license or driving
23 privilege is canceled, suspended, revoked, or disqualified,
24 the officer shall immediately impound the motor vehicle or
25 immobilize the motor vehicle by installing an immobilization
26 device on the vehicle. The officer shall serve notice of the
27 impoundment or immobilization upon the driver. The notice must
28 include the location where the motor vehicle is being held and
29 information concerning the procedures to follow in order to
30 have the motor vehicle released from impoundment or
31 immobilization by a department-approved vendor. A law
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1 enforcement agency or officer who proceeds in good faith to
2 immobilize or impound a vehicle under this subsection is not
3 responsible for any towing, immobilizing, or impounding fees.
4 A law enforcement officer may leave the scene of the
5 impoundment without completing the impoundment process if the
6 officer is ordered elsewhere by his or her superior officer or
7 an emergency elsewhere arises, or due to other exigent
8 circumstances.
9 2. A law enforcement officer impounding or
10 immobilizing a motor vehicle under subparagraph 1. shall
11 notify the department or the department's agent within 24
12 hours to effect impoundment or immobilization under this
13 paragraph. The department or the department's agent shall
14 remove and impound or immobilize the motor vehicle at another
15 location. The motor vehicle may be immobilized by installation
16 of an immobilization device on the vehicle; however, the
17 impounding company may not release the motor vehicle for
18 immobilization at another location without proof that the
19 immobilization vendor is approved by the department. The motor
20 vehicle shall remain impounded or immobilized until the owner
21 or lessee receives authorization from the department for
22 release of the motor vehicle under this subsection. The
23 department may adopt by rule procedures for removing and
24 immobilizing a motor vehicle by a department-approved vendor
25 from the location where the motor vehicle was impounded or
26 immobilized by the law enforcement officer under subparagraph
27 1.
28 3. A motor vehicle impounded or immobilized under this
29 paragraph which, according to the records of the department,
30 is owned or leased by the person who was driving or in actual
31 physical control of the motor vehicle when it was stopped and
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1 impounded or immobilized under subparagraph 1. shall remain
2 impounded or immobilized until the person's license and
3 driving privilege are reinstated and payment of the fees
4 imposed under paragraph (c) and all costs of towing,
5 impoundment, immobilization, and storage has been paid. If
6 department records show a different owner or lessee, the motor
7 vehicle shall be released to that owner or lessee or the
8 owner's or lessee's agent upon payment of the fees imposed
9 under paragraph (c) and all costs of towing, impoundment,
10 immobilization, and storage. The department's records shall
11 reflect that the motor vehicle is immobilized or impounded.
12 (b) Within 7 business days after the date the law
13 enforcement agency or the department impounds or immobilizes
14 the motor vehicle under this subsection, the department shall
15 send notice of the impoundment or immobilization by certified
16 mail, return receipt requested, to any registered owner or
17 co-owner of the motor vehicle other than the driver and to
18 each person of record claiming a lien against the motor
19 vehicle. The notice must include the location where the motor
20 vehicle is being held and information concerning the
21 procedures to follow in order to have the motor vehicle
22 released from impoundment or immobilization by a
23 department-approved vendor. All costs and fees for the
24 impoundment or immobilization, including the cost of
25 notification, must be paid by the owner of the motor vehicle
26 or, if the motor vehicle is leased, by the person leasing the
27 motor vehicle.
28 (c)1. The department shall collect a processing fee of
29 $30 from the owner or lessee before releasing a motor vehicle
30 that is immobilized or impounded under this subsection. Moneys
31 collected under this subparagraph shall be forwarded to the
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1 Department of Revenue for deposit into the State
2 Transportation Trust Fund created under s. 206.46 to be used
3 to carry out public transit responsibilities of the Department
4 of Transportation under s. 341.041.
5 2. The department shall charge a reasonable fee, not
6 to exceed $6, to the owner or lessee of the motor vehicle to
7 cover the operational costs of the program and the cost of
8 immobilizing or impounding the motor vehicle. Fees collected
9 under this subparagraph shall be deposited into the Operating
10 Trust Fund of the Department of Highway Safety and Motor
11 Vehicles.
12 (d) Upon satisfaction of all of the requirements under
13 this subsection for release of the motor vehicle, the
14 department shall authorize the release of the motor vehicle to
15 the owner or lessee.
16 (e) A motor vehicle immobilized under this subsection
17 may not be operated in this state until released from
18 immobilization by the department or the department's agent. A
19 motor vehicle immobilized under this subsection which is found
20 being operated upon any street or highway in this state before
21 being released by the department or the department's agent
22 shall be seized and removed from the street or highway and may
23 be forfeited under ss. 932.701-932.704.
24 (f) The department may contract with vendors to carry
25 out this subsection.
26 (g) Notification of cancellation, suspension,
27 revocation, or disqualification given by the department under
28 s. 322.251 shall also inform the person whose driver's license
29 or driving privilege has been canceled, suspended, revoked, or
30 disqualified that any motor vehicle driven by or under the
31 actual physical control of that person while the license or
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1 driving privilege is canceled, suspended, revoked, or
2 disqualified is subject to impoundment and immobilization
3 under this subsection; however, failure to receive the
4 information does not preclude, bar, or otherwise affect the
5 impoundment or immobilization of a motor vehicle under this
6 subsection.
7 (h) The department shall make available on its
8 Internet website the methods to use to determine the status of
9 a person's driver's license by entering the driver's license
10 number. The department shall also provide an automated
11 telephone hotline to provide callers with the status of a
12 person's driver's license.
13 (i) The department may adopt rules pursuant to ss.
14 120.536(1) and 120.54 to administer this subsection. Upon the
15 arrest of a person for the offense of driving while the
16 person's driver's license or driving privilege is suspended or
17 revoked, the arresting officer shall determine:
18 1. Whether the person's driver's license is suspended
19 or revoked.
20 2. Whether the person's driver's license has remained
21 suspended or revoked since a conviction for the offense of
22 driving with a suspended or revoked license.
23 3. Whether the suspension or revocation was made under
24 s. 316.646 or s. 627.733, relating to failure to maintain
25 required security, or under s. 322.264, relating to habitual
26 traffic offenders.
27 4. Whether the driver is the registered owner or
28 coowner of the vehicle.
29 (b) If the arresting officer finds in the affirmative
30 as to all of the criteria in paragraph (a), the officer shall
31 immediately impound or immobilize the vehicle.
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1 (c) Within 7 business days after the date the
2 arresting agency impounds or immobilizes the vehicle, either
3 the arresting agency or the towing service, whichever is in
4 possession of the vehicle, shall send notice by certified
5 mail, return receipt requested, to any coregistered owners of
6 the vehicle other than the person arrested and to each person
7 of record claiming a lien against the vehicle. All costs and
8 fees for the impoundment or immobilization, including the cost
9 of notification, must be paid by the owner of the vehicle or,
10 if the vehicle is leased, by the person leasing the vehicle.
11 (d) Either the arresting agency or the towing service,
12 whichever is in possession of the vehicle, shall determine
13 whether any vehicle impounded or immobilized under this
14 section has been leased or rented or if there are any persons
15 of record with a lien upon the vehicle. Either the arresting
16 agency or the towing service, whichever is in possession of
17 the vehicle, shall notify by express courier service with
18 receipt or certified mail, return receipt requested, within 7
19 business days after the date of the immobilization or
20 impoundment of the vehicle, the registered owner and all
21 persons having a recorded lien against the vehicle that the
22 vehicle has been impounded or immobilized. A lessor, rental
23 car company, or lienholder may then obtain the vehicle, upon
24 payment of any lawful towing or storage charges. If the
25 vehicle is a rental vehicle subject to a written contract, the
26 charges may be separately charged to the renter, in addition
27 to the rental rate, along with other separate fees, charges,
28 and recoupments disclosed on the rental agreement. If the
29 storage facility fails to provide timely notice to a lessor,
30 rental car company, or lienholder as required by this
31 paragraph, the storage facility shall be responsible for
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1 payment of any towing or storage charges necessary to release
2 the vehicle to a lessor, rental car company, or lienholder
3 that accrue after the notice period, which charges may then be
4 assessed against the driver of the vehicle if the vehicle was
5 lawfully impounded or immobilized.
6 (e) Except as provided in paragraph (d), the vehicle
7 shall remain impounded or immobilized for any period imposed
8 by the court until:
9 1. The owner presents proof of insurance to the
10 arresting agency; or
11 2. The owner presents proof of sale of the vehicle to
12 the arresting agency and the buyer presents proof of insurance
13 to the arresting agency.
14
15 If proof is not presented within 35 days after the impoundment
16 or immobilization, a lien shall be placed upon such vehicle
17 pursuant to s. 713.78.
18 (f) The owner of a vehicle that is impounded or
19 immobilized under this subsection may, within 10 days after
20 the date the owner has knowledge of the location of the
21 vehicle, file a complaint in the county in which the owner
22 resides to determine whether the vehicle was wrongfully taken
23 or withheld. Upon the filing of a complaint, the owner may
24 have the vehicle released by posting with the court a bond or
25 other adequate security equal to the amount of the costs and
26 fees for impoundment or immobilization, including towing or
27 storage, to ensure the payment of such costs and fees if the
28 owner does not prevail. When the vehicle owner does not
29 prevail on a complaint that the vehicle was wrongfully taken
30 or withheld, he or she must pay the accrued charges for the
31 immobilization or impoundment, including any towing and
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1 storage charges assessed against the vehicle. When the bond is
2 posted and the fee is paid as set forth in s. 28.24, the clerk
3 of the court shall issue a certificate releasing the vehicle.
4 At the time of release, after reasonable inspection, the owner
5 must give a receipt to the towing or storage company
6 indicating any loss or damage to the vehicle or to the
7 contents of the vehicle.
8 (11) Any owner or lessee of a motor vehicle who
9 knowingly allows, permits, or authorizes a person whose
10 driver's license or driving privilege has been canceled,
11 suspended, revoked, or disqualified to drive the motor vehicle
12 upon the streets or highways of this state or knowingly gives,
13 leases, lends, or otherwise provides the motor vehicle to a
14 person whose driver's license or driving privilege has been
15 canceled, suspended, revoked, or disqualified while the
16 license or privilege is canceled, suspended, revoked, or
17 disqualified commits a misdemeanor of the second degree,
18 punishable as provided in s. 775.082 or s. 775.083. The
19 element of knowledge is satisfied if the owner or lessee has
20 been previously charged with a violation of this subsection
21 for providing a motor vehicle to the same person; the owner
22 admits to knowledge of the cancellation, suspension,
23 revocation, or disqualification of the driver's license or
24 driving privilege of the driver; or the owner received notice
25 as provided in subsection (8) relating to the same driver.
26 There is a rebuttable presumption that the knowledge
27 requirement is satisfied if the cancellation, suspension,
28 revocation, or disqualification appears in the department's
29 records and that information is available to the public
30 through the department's Internet website or a telephone
31 hotline.
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1 Section 7. Effective October 1, 2007, section 322.341,
2 Florida Statutes, is amended to read:
3 322.341 Driving while license permanently
4 revoked.--Any person whose driver's license or driving
5 privilege has been permanently revoked pursuant to s. 322.26
6 or s. 322.28 and who drives a motor vehicle upon the highways
7 of this state commits is guilty of a felony of the third
8 degree, punishable as provided in s. 775.082, s. 775.083, or
9 s. 775.084, and the court must order imprisonment for not less
10 than 90 days.
11 Section 8. The Department of Highway Safety and Motor
12 Vehicles shall inform the motoring public of the changes to s.
13 322.34, Florida Statutes, made by this act relating to
14 impoundment or immobilization of a motor vehicle being driven
15 by a person whose driver license is canceled, suspended,
16 revoked, or disqualified and shall provide such information in
17 newly printed driver license educational materials after July
18 1, 2007, and in public service announcements produced in
19 cooperation with the Florida Highway Patrol.
20 Section 9. During the period from July 1, 2007, to
21 July 1, 2008, the Department of Highway Safety and Motor
22 Vehicles must notify by mail persons whose driver license or
23 driving privilege has been canceled, suspended, revoked, or
24 disqualified of the changes to s. 322.34, Florida Statutes,
25 made by this act relating to impoundment or immobilization of
26 a motor vehicle being driven by such person; however, failure
27 to receive such notification does not preclude, bar, or
28 otherwise affect the impoundment or immobilization of a motor
29 vehicle under s. 322.34, Florida Statutes.
30 Section 10. Except as otherwise expressly provided in
31 this act, this act shall take effect July 1, 2007.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2104
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to driving without a valid
8 license; creating the "Deputy Michael Callin,
9 Michael Haligowski, and Deputy Ryan C. Seguin
10 Memorial Traffic Safety Act"; amending s.
11 318.14, F.S.; authorizing the court to withhold
12 adjudication of certain violations relating to
13 driving without a valid license if the person
14 cited meets certain conditions; providing that
15 the withholding of adjudication is not a
16 conviction under certain circumstances;
17 amending s. 322.03, F.S.; requiring a written
18 judgment signed by the judge and recorded by
19 the clerk for cases involving a violation of
20 requirements to possess a valid driver's
21 license; requiring the defendant's fingerprints
22 and a certificate to be affixed to the written
23 judgment of conviction; providing the contents
24 of the certificate; requiring the defendant's
25 social security number to be affixed to the
26 written judgment of conviction or the reason
27 for its absence to be indicated; providing that
28 the written judgment is prima facie evidence
29 that the fingerprints are the defendant's
30 fingerprints; amending s. 322.251, F.S.;
31 requiring impoundment and immobilization
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2104
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1 information to be included with the notice to a
2 person whose driver's license or driving
3 privilege is being canceled, suspended,
4 revoked, or disqualified; amending s. 322.34,
5 F.S.; providing for application of certain
6 penalty provisions to a person who does not
7 have a valid driver's license or whose driver's
8 license or driving privilege has been
9 disqualified; revising penalties for driving
10 without a valid license or knowingly driving
11 while a driver's license or driving privilege
12 is canceled, suspended, revoked, or
13 disqualified for specified alcohol-related or
14 drug-related convictions or refusal to submit
15 to certain testing; revising provisions for
16 satisfaction of the element of knowledge;
17 requiring a notice of cancellation, suspension,
18 revocation, or disqualification by the
19 department or a uniform traffic citation to
20 notify the person that his or her driver's
21 license or driving privilege has been canceled,
22 suspended, revoked, or disqualified; requiring
23 impoundment and immobilization information to
24 be included with notice to a person whose
25 driver's license or driving privilege has been
26 canceled, suspended, revoked, or disqualified;
27 revising penalty provisions for a habitual
28 offender driving while his or her driver's
29 license is revoked; providing that a person who
30 causes the death of or serious bodily injury to
31 another person by careless or negligent
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2104
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1 operation of a motor vehicle while his or her
2 driver's license or driving privilege is
3 canceled, suspended, revoked, or disqualified
4 commits a felony of the third degree; providing
5 criminal penalties; requiring a written
6 judgment signed by the judge and recorded by
7 the clerk for cases involving a violation of
8 requirements to possess a valid driver's
9 license; requiring defendant's fingerprints and
10 a certificate to be affixed to the written
11 judgment of conviction; providing the content
12 of the certificate; requiring the defendant's
13 social security number to be affixed to the
14 written judgment of conviction or the reason
15 for its absence to be indicated; providing that
16 the written judgment constitutes prima facie
17 evidence that the fingerprints are the
18 defendant's fingerprints; amending s. 322.34,
19 F.S.; requiring a law enforcement officer who
20 determines that a motor vehicle is being driven
21 by or under the actual physical control of a
22 person whose driver's license or driving
23 privilege is canceled, suspended, revoked, or
24 disqualified to impound or immobilize the motor
25 vehicle; providing for notice to the driver;
26 providing for impoundment and immobilization of
27 the motor vehicle by the Department of Highway
28 Safety and Motor Vehicles; requiring the
29 department to commence impoundment or
30 immobilization at the scene where the motor
31 vehicle was immobilized; providing procedures;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2104
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1 providing for release of the motor vehicle;
2 requiring department records to contain
3 impoundment and immobilization information;
4 providing for payment of costs; providing for
5 certain fees and distribution of moneys
6 collected; requiring the department to
7 authorize release of the motor vehicle upon
8 satisfaction of all requirements; prohibiting
9 operation of an immobilized motor vehicle;
10 providing for an immobilized motor vehicle that
11 is found being operated upon any street or
12 highway in this state before release from
13 immobilization to be seized and subject to
14 forfeiture; authorizing the department to
15 contract with vendors; requiring the department
16 to inform the person whose driver's license or
17 driving privilege has been canceled, suspended,
18 revoked, or disqualified that any motor vehicle
19 driven by or under the actual physical control
20 of that person is subject to impoundment and
21 immobilization; authorizing the department to
22 adopt rules; providing penalties for knowingly
23 aiding a person whose driver's license or
24 driving privilege is canceled, suspended,
25 revoked, or disqualified by providing a motor
26 vehicle or authorizing use of a motor vehicle;
27 providing for a rebuttable presumption of
28 satisfaction of the knowledge requirement;
29 amending s. 322.341, F.S.; revising the penalty
30 provisions for a person who drives a motor
31 vehicle when his or her driver's license has
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Bill No. SB 2104
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1 been permanently revoked; requiring the
2 department to inform drivers whose license or
3 driving privilege has been canceled, suspended,
4 revoked, or disqualified and the motoring
5 public of the provisions for impoundment and
6 immobilization of motor vehicles under this
7 act; providing effective dates.
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