Senate Bill sb2104

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    Florida Senate - 2007                                  SB 2104

    By Senator Gaetz





    4-1693-07

  1                      A bill to be entitled

  2         An act relating to driving without a valid

  3         license; creating the "Deputy Michael Callin,

  4         Michael Haligowski, and Deputy Ryan C. Seguin

  5         Memorial Traffic Safety Act"; amending s.

  6         318.14, F.S.; authorizing the court to withhold

  7         adjudication of certain violations related to

  8         driving without a valid license if the person

  9         cited meets certain conditions; providing that

10         the withholding of adjudication is not a

11         conviction under certain circumstances;

12         amending s. 322.03, F.S.; requiring a written

13         judgment signed by the judge and recorded by

14         the clerk for cases involving a violation of

15         requirements to possess a valid driver license;

16         requiring defendant's fingerprints and a

17         certificate to be affixed to the written

18         judgment of conviction; providing for content

19         of the certificate; requiring the defendant's

20         social security number to be affixed to the

21         written judgment of conviction or the reason

22         for its absence to be indicated; providing that

23         the written judgment constitutes prima facie

24         evidence that the fingerprints are the

25         defendant's fingerprints; amending s. 322.251,

26         F.S.; requiring impoundment and immobilization

27         information to be included with notice to a

28         person whose driver license or driving

29         privilege is being canceled, suspended,

30         revoked, or disqualified; amending s. 322.34,

31         F.S.; providing for application of certain

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    Florida Senate - 2007                                  SB 2104
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 1         penalty provisions to a person who does not

 2         have a valid driver license or whose driver

 3         license or driving privilege has been

 4         disqualified; revising penalties for driving

 5         without a valid license or knowingly driving

 6         while driver license or driving privilege is

 7         canceled, suspended, revoked, or disqualified

 8         for specified alcohol-related or drug-related

 9         convictions or refusal to submit to certain

10         testing; revising provisions for satisfaction

11         of the element of knowledge; requiring a

12         cancellation, suspension, revocation, or

13         disqualification by the department or a uniform

14         traffic citation to contain a provision

15         notifying the person that his or her driver

16         license or driving privilege has been canceled,

17         suspended, revoked, or disqualified; requiring

18         impoundment and immobilization information to

19         be included with notice to a person whose

20         driver license or driving privilege has been

21         canceled, suspended, revoked, or disqualified;

22         revising penalty provisions for a habitual

23         offender driving while his or her license is

24         revoked; providing that a person who causes the

25         death of or serious bodily injury to another

26         person by careless or negligent operation of a

27         motor vehicle while his or her license or

28         driving privilege is canceled, suspended,

29         revoked, or disqualified commits a felony of

30         the third degree; requiring a written judgment

31         signed by the judge and recorded by the clerk

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    Florida Senate - 2007                                  SB 2104
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 1         for cases involving a violation of requirements

 2         to possess a valid driver license; requiring

 3         defendant's fingerprints and a certificate to

 4         be affixed to the written judgment of

 5         conviction; providing for content of the

 6         certificate; requiring the defendant's social

 7         security number to be affixed to the written

 8         judgment of conviction or the reason for its

 9         absence to be indicated; providing that the

10         written judgment constitutes prima facie

11         evidence that the fingerprints are the

12         defendant's fingerprints; amending s. 322.34,

13         F.S.; requiring a law enforcement officer who

14         determines that a motor vehicle is being driven

15         by or under the actual physical control of a

16         person whose driver license or driving

17         privilege is canceled, suspended, revoked, or

18         disqualified to impound or immobilize the motor

19         vehicle; providing for notice to the driver;

20         providing for impoundment and immobilization of

21         the motor vehicle by the department; providing

22         for the department to commence impoundment or

23         immobilization at the scene where the motor

24         vehicle was immobilized; providing procedures;

25         providing for release of the motor vehicle;

26         requiring department records to contain

27         impoundment and immobilization information;

28         providing for payment of costs; providing for

29         certain fees and distribution of moneys

30         collected; requiring the department to

31         authorize release of the motor vehicle upon

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 1         satisfaction of all requirements; prohibiting

 2         operation of an immobilized motor vehicle;

 3         providing for an immobilized motor vehicle that

 4         is found being operated upon any street or

 5         highway in this state before release from

 6         immobilization to be seized and subject to

 7         forfeit; authorizing the department to contract

 8         with vendors; directing the department to

 9         inform the person whose driver license or

10         driving privilege has been canceled, suspended,

11         revoked, or disqualified that any motor vehicle

12         driven by or under the actual physical control

13         of that person is subject to impoundment and

14         immobilization; authorizing the department to

15         adopt rules; providing penalties for knowingly

16         aiding a person whose driver license or driving

17         privilege is canceled, suspended, revoked, or

18         disqualified by providing a motor vehicle or

19         authorizing use of a motor vehicle; providing

20         for a rebuttable presumption of satisfaction of

21         the knowledge requirement; amending s. 322.341,

22         F.S.; revising penalty provisions for a person

23         who drives a motor vehicle when his or her

24         driver license has been permanently revoked;

25         amending s. 932.701, F.S.; revising the

26         definition of "contraband article" to include

27         certain seized motor vehicles for purposes of

28         the Florida Contraband Forfeiture Act;

29         directing the department to inform drivers

30         whose license or driving privilege has been

31         canceled, suspended, revoked, or disqualified

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 1         and the motoring public of the provisions for

 2         impoundment and immobilization of motor

 3         vehicles under this act; providing effective

 4         dates.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  This act may be cited as the "Deputy

 9  Michael Callin, Michael Haligowski, and Deputy Ryan C. Seguin

10  Memorial Traffic Safety Act."

11         Section 2.  Subsection (11) of section 318.14, Florida

12  Statutes, is amended to read:

13         318.14  Noncriminal traffic infractions; exception;

14  procedures.--

15         (11)(a)  If adjudication is withheld for any person

16  pursuant to subsection (9) or subsection (10) charged or cited

17  under this section, such action is not a conviction.

18         (b)  If a person is cited for a violation of s.

19  322.34(2)(a) or (b) with a license that has been suspended

20  solely for failure to appear, failure to pay a civil penalty,

21  or failure to attend a driver improvement course pursuant to

22  s. 322.291 and such person provides to the court a valid or

23  reinstated driver's license and proper proof of maintenance of

24  security as required by s. 316.646, the court may withhold

25  adjudication pursuant to this subsection. If adjudication is

26  withheld for any person pursuant to this paragraph, such

27  action is not a conviction if adjudication has not been

28  withheld under this paragraph for a prior offense during the 3

29  years before the date of the cited offense.

30         Section 3.  Subsection (7) is added to section 322.03,

31  Florida Statutes, to read:

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 1         322.03  Drivers must be licensed; penalties.--

 2         (7)(a)  Every judgment for a violation of subsection

 3  (1), regardless of whether adjudication is withheld, shall be

 4  in writing, signed by the judge, and recorded by the clerk of

 5  the circuit court.

 6         1.  In open court and in the presence of the judge, the

 7  judge shall cause the fingerprints of the defendant against

 8  whom the judgment is rendered to be affixed beneath the

 9  judge's signature to the written judgment of conviction.

10  Beneath the fingerprints shall be appended a certificate to

11  the following effect:

12  

13  "I hereby certify that the above fingerprints are those of the

14  defendant, (name of defendant), and that they were placed

15  thereon by said defendant in my presence, in open court, this

16  the ................................................ day of .,

17  (year)."

18         2.  The certificate shall be signed by the judge, whose

19  signature shall be followed by the word "Judge."

20         3.  At the time the defendant's fingerprints are taken,

21  the judge shall also cause the defendant's social security

22  number to be taken. The defendant's social security number

23  shall be affixed to every written judgment of conviction in

24  open court, in the presence of the judge, and at the time the

25  judgment is rendered. If the defendant is unable or unwilling

26  to provide his or her social security number, the reason for

27  its absence shall be indicated on the written judgment.

28         (b)  Any such written judgment, or a certified copy

29  thereof, shall be admissible in evidence in the several courts

30  of this state as prima facie evidence that the fingerprints

31  appearing thereon and certified by the judge are the

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 1  fingerprints of the defendant against whom that judgment was

 2  rendered.

 3         Section 4.  Subsection (1) of section 322.251, Florida

 4  Statutes, is amended to read:

 5         322.251  Notice of cancellation, suspension,

 6  revocation, or disqualification of license.--

 7         (1)  All orders of cancellation, suspension,

 8  revocation, or disqualification issued under the provisions of

 9  this chapter, chapter 318, chapter 324, or ss. 627.732-627.734

10  shall be given either by personal delivery thereof to the

11  licensee whose license is being canceled, suspended, revoked,

12  or disqualified or by deposit in the United States mail in an

13  envelope, first class, postage prepaid, addressed to the

14  licensee at his or her last known mailing address furnished to

15  the department. Such mailing by the department constitutes

16  notification, and any failure by the person to receive the

17  mailed order will not affect or stay the effective date or

18  term of the cancellation, suspension, revocation, or

19  disqualification of the licensee's driving privilege.

20  Notification of cancellation, suspension, revocation, or

21  disqualification given by the department under this section

22  shall also inform the person whose license or driving

23  privilege has been canceled, suspended, revoked, or

24  disqualified that any motor vehicle driven by or under the

25  actual physical control of that person while the license or

26  driving privilege is canceled, suspended, revoked, or

27  disqualified is subject to impoundment and immobilization

28  under s. 322.34; however, any failure by the department to

29  include the impoundment and immobilization information with

30  the notification or any failure by the person to receive that

31  information will not affect or stay the effective date or term

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 1  of the cancellation, suspension, revocation, or

 2  disqualification of the licensee's driving privilege and will

 3  not preclude, bar, or otherwise affect the impoundment or

 4  immobilization of a motor vehicle under s. 322.34.

 5         Section 5.  Effective October 1, 2007, subsections (1),

 6  (2), (4), (5), and (6) of section 322.34, Florida Statutes,

 7  are amended, and subsection (10) is added to that section, to

 8  read:

 9         322.34  Driving while license suspended, revoked,

10  canceled, or disqualified.--

11         (1)  Except as provided in subsection (2) and s.

12  322.341, any person whose driver's license or driving

13  privilege has been canceled, suspended, or revoked, or

14  disqualified, except a "habitual traffic offender" as defined

15  in s. 322.264, who drives a vehicle upon the highways of this

16  state while such license or privilege is canceled, suspended,

17  or revoked, or disqualified commits is guilty of a moving

18  violation, punishable as provided in chapter 318.

19         (2)  Except as provided in s. 322.341, any person whose

20  driver's license or driving privilege has been canceled,

21  suspended, or revoked, or disqualified as provided by law,

22  except persons defined in s. 322.264, who, knowing of such

23  cancellation, suspension, or revocation, or disqualification,

24  drives any motor vehicle upon the highways of this state while

25  such license or privilege is canceled, suspended, or revoked,

26  or disqualified, or any person who drives any motor vehicle

27  upon the highways of this state without having a valid

28  driver's license as required under s. 322.03, upon:

29         (a)  A first conviction is guilty of a misdemeanor of

30  the second degree, punishable as provided in s. 775.082 or s.

31  775.083, except that any person whose driver's license or

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 1  driving privilege was canceled, suspended, revoked, or

 2  disqualified under s. 322.2615 relating to unlawful

 3  blood-alcohol level or breath-alcohol level or for refusal to

 4  submit to a breath, urine, or blood test authorized by s.

 5  316.1932, s. 322.28(2)(a) for a violation of s. 316.193 or s.

 6  316.1931 prohibiting driving under the influence, s.

 7  316.655(2) for an alcohol-related or drug-related conviction,

 8  or s. 316.1939 for refusal to submit to testing is guilty of a

 9  misdemeanor of the first degree, punishable as provided in s.

10  775.082 or s. 775.083, and the court must order imprisonment

11  for not less than 30 days.

12         (b)  A second conviction is guilty of a misdemeanor of

13  the first degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         (c)  A third or subsequent conviction is guilty of a

16  felony of the third degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18  

19  The element of knowledge is satisfied if the person has been

20  previously cited as provided in subsection (1); or the person

21  admits to knowledge of the cancellation, suspension, or

22  revocation, or disqualification; or the person received notice

23  as provided in subsection (4). There shall be a rebuttable

24  presumption that the knowledge requirement is satisfied if a

25  judgment or order or a cancellation, suspension, revocation,

26  or disqualification by the department as provided in

27  subsection (4) appears in the department's records for any

28  case except for one involving a suspension by the department

29  for failure to pay a traffic fine or for a financial

30  responsibility violation.

31  

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 1         (4)  Any judgment or order rendered by a court or

 2  adjudicatory body, any cancellation, suspension, revocation,

 3  or disqualification by the department, or any uniform traffic

 4  citation that cancels, suspends, or revokes, or disqualifies a

 5  person's driver's license must contain a provision notifying

 6  the person that his or her driver's license has been canceled,

 7  suspended, or revoked, or disqualified and must inform the

 8  person that any motor vehicle driven by that person while the

 9  license is canceled, suspended, revoked, or disqualified shall

10  be impounded or immobilized pursuant to this section.

11         (5)  Any person whose driver's license has been revoked

12  pursuant to s. 322.264 (habitual offender) and who drives any

13  motor vehicle upon the highways of this state while such

14  license is revoked commits is guilty of a felony of the third

15  degree, punishable as provided in s. 775.082, s. 775.083, or

16  s. 775.084, and the court must order imprisonment for not less

17  than 60 days.

18         (6)  Any person who operates a motor vehicle:

19         (a)  Without having a driver's license as required

20  under s. 322.03; or

21         (b)  While his or her driver's license or driving

22  privilege is canceled, suspended, or revoked, or disqualified

23  pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s.

24  322.28(2) or (4),

25  

26  and who by careless or negligent operation of the motor

27  vehicle causes the death of or serious bodily injury to

28  another human being, commits is guilty of a felony of the

29  third degree, punishable as provided in s. 775.082 or s.

30  775.083.

31  

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 1         (10)(a)  With respect to any offense governed by the

 2  provisions of this section, regardless of whether adjudication

 3  is withheld, every judgment shall be in writing, signed by the

 4  judge, and recorded by the clerk of the circuit court.

 5         1.  In open court and in the presence of the judge, the

 6  judge shall cause the fingerprints of the defendant against

 7  whom the judgment is rendered to be affixed beneath the

 8  judge's signature to the written judgment of conviction.

 9  Beneath the fingerprints shall be appended a certificate to

10  the following effect:

11  

12  "I hereby certify that the above fingerprints are those of the

13  defendant, (name of defendant), and that they were placed

14  thereon by said defendant in my presence, in open court, this

15  the ................................................ day of .,

16  (year)."

17         2.  The certificate shall be signed by the judge, whose

18  signature shall be followed by the word "Judge."

19         3.  At the time the defendant's fingerprints are taken,

20  the judge shall also cause the defendant's social security

21  number to be taken. The defendant's social security number

22  shall be affixed to every written judgment of conviction in

23  open court, in the presence of the judge, and at the time the

24  judgment is rendered. If the defendant is unable or unwilling

25  to provide his or her social security number, the reason for

26  its absence shall be indicated on the written judgment.

27         (b)  Any such written judgment, or a certified copy

28  thereof, shall be admissible in evidence in the several courts

29  of this state as prima facie evidence that the fingerprints

30  appearing thereon and certified by the judge are the

31  

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 1  fingerprints of the defendant against whom that judgment was

 2  rendered.

 3         Section 6.  Effective July 1, 2008, subsections (3) and

 4  (8) of section 322.34, Florida Statutes, as amended by this

 5  act, are amended, and subsection (11) is added to that

 6  section, to read:

 7         322.34  Driving while license suspended, revoked,

 8  canceled, or disqualified.--

 9         (3)  In any proceeding for a violation of this section,

10  a court may consider evidence, other than that specified in

11  subsection (2) or subsection (11), that the person knowingly

12  violated this section.

13         (8)(a)1.  If a law enforcement officer determines that

14  a motor vehicle is being driven by or is under the actual

15  physical control of a person whose driver's license or driving

16  privilege is canceled, suspended, revoked, or disqualified,

17  the officer shall immediately impound the motor vehicle or

18  immobilize the motor vehicle by installing an immobilization

19  device on the vehicle. The officer shall serve notice of the

20  impoundment or immobilization upon the driver. The notice

21  shall include the location where the motor vehicle is being

22  held and information on the procedures to have the motor

23  vehicle released from impoundment or immobilization by a

24  department-approved vendor. A law enforcement officer who

25  proceeds in good faith to immobilize or impound a vehicle

26  under this section shall not be responsible for any towing,

27  immobilizing, or impounding fees. A law enforcement officer

28  may leave the scene of the impoundment without completing the

29  impoundment process if the officer is ordered elsewhere by his

30  superior officer or an emergency elsewhere arises, or due to

31  other exigent circumstances.

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 1         2.  A law enforcement officer impounding or

 2  immobilizing a motor vehicle under subparagraph 1. shall

 3  notify the department or the department's agent within 24

 4  hours to effect impoundment or immobilization under this

 5  paragraph. The department or the department's agent shall

 6  remove and impound or immobilize the motor vehicle at another

 7  location. The motor vehicle may be immobilized by installation

 8  of an immobilization device on the vehicle; however, the

 9  impounding company shall not release the motor vehicle for

10  immobilization at another location without proof that the

11  immobilization vendor is approved by the department. The motor

12  vehicle shall remain in impound or immobilized until the owner

13  or lessee receives authorization from the department for

14  release of the motor vehicle under the provisions of this

15  subsection. The department is authorized to adopt by rule

16  procedures for removal and immobilization of the motor vehicle

17  by a department-approved vendor from the location where the

18  motor vehicle was impounded or immobilized by the law

19  enforcement officer under subparagraph 1.

20         3.  A motor vehicle impounded or immobilized under this

21  paragraph that, according to the records of the department, is

22  owned or leased by the person who was driving or in actual

23  physical control of the motor vehicle when it was stopped and

24  impounded or immobilized under subparagraph 1. shall remain

25  impounded or immobilized until the person's license and

26  driving privilege are reinstated and payment of the fees

27  imposed under paragraph (c) and all costs of towing,

28  impoundment, immobilization, and storage has been made. If

29  department records show a different owner or lessee, the motor

30  vehicle shall be released to that owner or lessee or the

31  owner's or lessee's agent upon payment of the fees imposed

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 1  under paragraph (c) and all costs of towing, impoundment,

 2  immobilization, and storage. The department's records shall

 3  reflect that the motor vehicle is immobilized or impounded.

 4         (b)1.  The department shall collect a $30 processing

 5  fee from the owner or lessee prior to release of any motor

 6  vehicle immobilized or impounded under this subsection. Moneys

 7  collected under this subparagraph shall be forwarded to the

 8  Department of Revenue for deposit into the State

 9  Transportation Trust Fund created under s. 206.46 to be used

10  to carry out public transit responsibilities of the Department

11  of Transportation under s. 341.041.

12         2.  The department shall charge a reasonable fee, not

13  to exceed $6, to the owner or lessee of the motor vehicle to

14  cover the operational costs of the program and the cost of

15  immobilizing or impounding the motor vehicle. Fees collected

16  under this subparagraph shall be deposited in the Operating

17  Trust Fund of the Department of Highway Safety and Motor

18  Vehicles.

19         (c)  Upon satisfaction of all of the requirements under

20  this subsection for release of the motor vehicle, the

21  department shall authorize release of the motor vehicle to the

22  owner or lessee.

23         (d)  A motor vehicle immobilized under this subsection

24  may not be operated in this state until released from

25  immobilization by the department or the department's agent. A

26  motor vehicle immobilized under this subsection that is found

27  being operated upon any street or highway in this state before

28  being released by the department or the department's agent

29  shall be seized and removed from the street or highway and may

30  be forfeited pursuant to ss. 932.701-932.704.

31  

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 1         (e)  The department may contract with vendors to carry

 2  out the provisions of this subsection.

 3         (f)  Notification of cancellation, suspension,

 4  revocation, or disqualification given by the department under

 5  s. 322.251 shall also inform the person whose driver's license

 6  or driving privilege has been canceled, suspended, revoked, or

 7  disqualified that any motor vehicle driven by or under the

 8  actual physical control of that person while the license or

 9  driving privilege is canceled, suspended, revoked, or

10  disqualified is subject to impoundment and immobilization

11  under this subsection; however, failure to receive the

12  information shall not preclude, bar, or otherwise affect the

13  impoundment or immobilization of a motor vehicle under this

14  subsection.

15         (g)  The department may adopt rules pursuant to ss.

16  120.536(1) and 120.54 to implement the provisions of this

17  subsection. Upon the arrest of a person for the offense of

18  driving while the person's driver's license or driving

19  privilege is suspended or revoked, the arresting officer shall

20  determine:

21         1.  Whether the person's driver's license is suspended

22  or revoked.

23         2.  Whether the person's driver's license has remained

24  suspended or revoked since a conviction for the offense of

25  driving with a suspended or revoked license.

26         3.  Whether the suspension or revocation was made under

27  s. 316.646 or s. 627.733, relating to failure to maintain

28  required security, or under s. 322.264, relating to habitual

29  traffic offenders.

30         4.  Whether the driver is the registered owner or

31  coowner of the vehicle.

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 1         (b)  If the arresting officer finds in the affirmative

 2  as to all of the criteria in paragraph (a), the officer shall

 3  immediately impound or immobilize the vehicle.

 4         (c)  Within 7 business days after the date the

 5  arresting agency impounds or immobilizes the vehicle, either

 6  the arresting agency or the towing service, whichever is in

 7  possession of the vehicle, shall send notice by certified

 8  mail, return receipt requested, to any coregistered owners of

 9  the vehicle other than the person arrested and to each person

10  of record claiming a lien against the vehicle. All costs and

11  fees for the impoundment or immobilization, including the cost

12  of notification, must be paid by the owner of the vehicle or,

13  if the vehicle is leased, by the person leasing the vehicle.

14         (d)  Either the arresting agency or the towing service,

15  whichever is in possession of the vehicle, shall determine

16  whether any vehicle impounded or immobilized under this

17  section has been leased or rented or if there are any persons

18  of record with a lien upon the vehicle. Either the arresting

19  agency or the towing service, whichever is in possession of

20  the vehicle, shall notify by express courier service with

21  receipt or certified mail, return receipt requested, within 7

22  business days after the date of the immobilization or

23  impoundment of the vehicle, the registered owner and all

24  persons having a recorded lien against the vehicle that the

25  vehicle has been impounded or immobilized. A lessor, rental

26  car company, or lienholder may then obtain the vehicle, upon

27  payment of any lawful towing or storage charges. If the

28  vehicle is a rental vehicle subject to a written contract, the

29  charges may be separately charged to the renter, in addition

30  to the rental rate, along with other separate fees, charges,

31  and recoupments disclosed on the rental agreement. If the

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 1  storage facility fails to provide timely notice to a lessor,

 2  rental car company, or lienholder as required by this

 3  paragraph, the storage facility shall be responsible for

 4  payment of any towing or storage charges necessary to release

 5  the vehicle to a lessor, rental car company, or lienholder

 6  that accrue after the notice period, which charges may then be

 7  assessed against the driver of the vehicle if the vehicle was

 8  lawfully impounded or immobilized.

 9         (e)  Except as provided in paragraph (d), the vehicle

10  shall remain impounded or immobilized for any period imposed

11  by the court until:

12         1.  The owner presents proof of insurance to the

13  arresting agency; or

14         2.  The owner presents proof of sale of the vehicle to

15  the arresting agency and the buyer presents proof of insurance

16  to the arresting agency.

17  

18  If proof is not presented within 35 days after the impoundment

19  or immobilization, a lien shall be placed upon such vehicle

20  pursuant to s. 713.78.

21         (f)  The owner of a vehicle that is impounded or

22  immobilized under this subsection may, within 10 days after

23  the date the owner has knowledge of the location of the

24  vehicle, file a complaint in the county in which the owner

25  resides to determine whether the vehicle was wrongfully taken

26  or withheld. Upon the filing of a complaint, the owner may

27  have the vehicle released by posting with the court a bond or

28  other adequate security equal to the amount of the costs and

29  fees for impoundment or immobilization, including towing or

30  storage, to ensure the payment of such costs and fees if the

31  owner does not prevail. When the vehicle owner does not

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    Florida Senate - 2007                                  SB 2104
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 1  prevail on a complaint that the vehicle was wrongfully taken

 2  or withheld, he or she must pay the accrued charges for the

 3  immobilization or impoundment, including any towing and

 4  storage charges assessed against the vehicle. When the bond is

 5  posted and the fee is paid as set forth in s. 28.24, the clerk

 6  of the court shall issue a certificate releasing the vehicle.

 7  At the time of release, after reasonable inspection, the owner

 8  must give a receipt to the towing or storage company

 9  indicating any loss or damage to the vehicle or to the

10  contents of the vehicle.

11         (11)  Any owner or lessee of a motor vehicle who

12  knowingly allows, permits, or authorizes a person whose

13  driver's license or driving privilege has been canceled,

14  suspended, revoked, or disqualified to drive the motor vehicle

15  upon the streets or highways of this state or knowingly gives,

16  leases, lends, or otherwise provides the motor vehicle to a

17  person whose driver's license or driving privilege has been

18  canceled, suspended, revoked, or disqualified while such

19  license or privilege is canceled, suspended, revoked, or

20  disqualified commits a misdemeanor of the second degree,

21  punishable as provided in s. 775.082 or s. 775.083. The

22  element of knowledge is satisfied if the owner or lessee has

23  been previously charged under this subsection for providing a

24  motor vehicle to the same person; the owner admits to

25  knowledge of the cancellation, suspension, revocation, or

26  disqualification of the driver's license or driving privilege

27  of the driver; or the owner received notice as provided in

28  subsection (8) relating to the same driver. There shall be a

29  rebuttable presumption that the knowledge requirement is

30  satisfied if the cancellation, suspension, revocation, or

31  disqualification appears in the department's records and that

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 1  information is available to the public through the

 2  department's Internet website or a telephone hotline.

 3         Section 7.  Effective October 1, 2007, section 322.341,

 4  Florida Statutes, is amended to read:

 5         322.341  Driving while license permanently

 6  revoked.--Any person whose driver's license or driving

 7  privilege has been permanently revoked pursuant to s. 322.26

 8  or s. 322.28 and who drives a motor vehicle upon the highways

 9  of this state commits is guilty of a felony of the third

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084, and the court must order imprisonment for not less

12  than 90 days.

13         Section 8.  Effective July 1, 2008, paragraph (a) of

14  subsection (2) of section 932.701, Florida Statutes, is

15  amended to read:

16         932.701  Short title; definitions.--

17         (2)  As used in the Florida Contraband Forfeiture Act:

18         (a)  "Contraband article" means:

19         1.  Any controlled substance as defined in chapter 893

20  or any substance, device, paraphernalia, or currency or other

21  means of exchange that was used, was attempted to be used, or

22  was intended to be used in violation of any provision of

23  chapter 893, if the totality of the facts presented by the

24  state is clearly sufficient to meet the state's burden of

25  establishing probable cause to believe that a nexus exists

26  between the article seized and the narcotics activity, whether

27  or not the use of the contraband article can be traced to a

28  specific narcotics transaction.

29         2.  Any gambling paraphernalia, lottery tickets, money,

30  currency, or other means of exchange which was used, was

31  

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 1  attempted, or intended to be used in violation of the gambling

 2  laws of the state.

 3         3.  Any equipment, liquid or solid, which was being

 4  used, is being used, was attempted to be used, or intended to

 5  be used in violation of the beverage or tobacco laws of the

 6  state.

 7         4.  Any motor fuel upon which the motor fuel tax has

 8  not been paid as required by law.

 9         5.  Any personal property, including, but not limited

10  to, any vessel, aircraft, item, object, tool, substance,

11  device, weapon, machine, vehicle of any kind, money,

12  securities, books, records, research, negotiable instruments,

13  or currency, which was used or was attempted to be used as an

14  instrumentality in the commission of, or in aiding or abetting

15  in the commission of, any felony, whether or not comprising an

16  element of the felony, or which is acquired by proceeds

17  obtained as a result of a violation of the Florida Contraband

18  Forfeiture Act.

19         6.  Any real property, including any right, title,

20  leasehold, or other interest in the whole of any lot or tract

21  of land, which was used, is being used, or was attempted to be

22  used as an instrumentality in the commission of, or in aiding

23  or abetting in the commission of, any felony, or which is

24  acquired by proceeds obtained as a result of a violation of

25  the Florida Contraband Forfeiture Act.

26         7.  Any personal property, including, but not limited

27  to, equipment, money, securities, books, records, research,

28  negotiable instruments, currency, or any vessel, aircraft,

29  item, object, tool, substance, device, weapon, machine, or

30  vehicle of any kind in the possession of or belonging to any

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 1  person who takes aquaculture products in violation of s.

 2  812.014(2)(c).

 3         8.  Any motor vehicle offered for sale in violation of

 4  s. 320.28.

 5         9.  Any motor vehicle used during the course of

 6  committing an offense in violation of s. 322.34(8)(d) or

 7  (9)(a).

 8         10.  Any photograph, film, or other recorded image,

 9  including an image recorded on videotape, a compact disc,

10  digital tape, or fixed disk, that is recorded in violation of

11  s. 810.145 and is possessed for the purpose of amusement,

12  entertainment, sexual arousal, gratification, or profit, or

13  for the purpose of degrading or abusing another person.

14         11.  Any real property, including any right, title,

15  leasehold, or other interest in the whole of any lot or tract

16  of land, which is acquired by proceeds obtained as a result of

17  Medicaid fraud under s. 409.920 or s. 409.9201; any personal

18  property, including, but not limited to, equipment, money,

19  securities, books, records, research, negotiable instruments,

20  or currency; or any vessel, aircraft, item, object, tool,

21  substance, device, weapon, machine, or vehicle of any kind in

22  the possession of or belonging to any person which is acquired

23  by proceeds obtained as a result of Medicaid fraud under s.

24  409.920 or s. 409.9201.

25         Section 9.  The Department of Highway Safety and Motor

26  Vehicles shall inform the motoring public of the changes to s.

27  322.34, Florida Statutes, made by this act relating to

28  impoundment or immobilization of a motor vehicle being driven

29  by a person whose driver license is canceled, suspended,

30  revoked, or disqualified and shall provide such information in

31  newly printed driver license educational materials after July

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 1  1, 2007, and in public service announcements produced in

 2  cooperation with the Florida Highway Patrol.

 3         Section 10.  During the period from July 1, 2007, to

 4  July 1, 2008, the Department of Highway Safety and Motor

 5  Vehicles shall notify by mail persons whose driver license or

 6  driving privilege has been canceled, suspended, revoked, or

 7  disqualified of the changes to s. 322.34, Florida Statutes,

 8  made by this act relating to impoundment or immobilization of

 9  a motor vehicle being driven by such person; however, failure

10  to receive such notification shall not preclude, bar, or

11  otherwise affect the impoundment or immobilization of a motor

12  vehicle under s. 322.34, Florida Statutes.

13         Section 11.  Except as otherwise expressly provided in

14  this act, this act shall take effect July 1, 2007.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Authorizes the court to withhold adjudication of certain
      violations related to driving without a valid license.
 4    Provides that the withholding of adjudication is not a
      conviction under certain circumstances. Requires a
 5    written judgment signed by the judge and recorded by the
      clerk for cases involving a violation of requirements to
 6    possess a valid driver license. Requires the defendant's
      fingerprints and a certificate to be affixed to the
 7    written judgment of conviction. Requires impoundment and
      immobilization information to be included with notice to
 8    a person whose driver license or driving privilege is
      being canceled, suspended, revoked, or disqualified.
 9    Revises penalties for driving without a valid license or
      knowingly driving with a canceled, suspended, or revoked
10    license. Requires impoundment and immobilization
      information to be included with notice to a person whose
11    driver license or driving privilege has been canceled,
      suspended, revoked, or disqualified. Revises penalty
12    provisions for a habitual offender driving while his or
      her license is revoked. Requires the defendant's social
13    security number to be affixed to the written judgment of
      conviction or the reason for its absence to be indicated.
14    Requires a law enforcement officer who determines that a
      motor vehicle is being driven by or under the actual
15    physical control of a person whose driver license or
      driving privilege is canceled, suspended, revoked, or
16    disqualified to impound or immobilize the motor vehicle.
      Provides for release of the motor vehicle. Requires
17    department records to contain impoundment and
      immobilization information. Provides for certain fees and
18    distribution of moneys collected. Requires the department
      to authorize release of the motor vehicle upon
19    satisfaction of all requirements. Prohibits operation of
      an immobilized motor vehicle and requires such a vehicle
20    to be seized and subject to forfeit. Provides penalties
      for knowingly aiding a person whose driver license or
21    driving privilege is canceled, suspended, revoked, or
      disqualified by providing a motor vehicle or authorizing
22    use of a motor vehicle. Revises penalty provisions for a
      person who drives a motor vehicle when his or her driver
23    license has been permanently revoked.

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