| 1 | A bill to be entitled |
| 2 | An act relating to highway safety; creating the "Deputy |
| 3 | Michael Callin, Michael Haligowski, and Deputy Ryan C. |
| 4 | Seguin Memorial Traffic Safety Act"; amending s. 318.14, |
| 5 | F.S.; limiting the number of times an official having |
| 6 | jurisdiction over a traffic infraction may grant a |
| 7 | continuance of the hearing; authorizing the court to |
| 8 | withhold adjudication of certain violations related to |
| 9 | driving without a valid license if the person cited meets |
| 10 | certain conditions; providing that the withholding of |
| 11 | adjudication is not a conviction under certain |
| 12 | circumstances; amending s. 322.03, F.S.; requiring a |
| 13 | written judgment signed by the judge and recorded by the |
| 14 | clerk for cases involving a violation of requirements to |
| 15 | possess a valid driver license; requiring the defendant's |
| 16 | fingerprints and a certificate to be affixed to the |
| 17 | written judgment of conviction; providing for content of |
| 18 | the certificate; requiring the defendant's social security |
| 19 | number to be affixed to the written judgment of conviction |
| 20 | or the reason for its absence to be indicated; providing |
| 21 | that the written judgment constitutes prima facie evidence |
| 22 | that the fingerprints are the defendant's fingerprints; |
| 23 | amending s. 322.251, F.S.; requiring impoundment and |
| 24 | immobilization information to be included with notice to a |
| 25 | person whose driver license or driving privilege is being |
| 26 | canceled, suspended, revoked, or disqualified; requiring |
| 27 | the Department of Highway Safety and Motor Vehicles to |
| 28 | make driver license status information available to the |
| 29 | public through the Internet and a telephone hotline; |
| 30 | requiring the department to certify the date of |
| 31 | availability of the information upon request by certain |
| 32 | persons; amending s. 322.34, F.S.; providing for |
| 33 | application of certain penalty provisions to a person who |
| 34 | does not have a valid driver license or whose driver |
| 35 | license or driving privilege has been disqualified; |
| 36 | revising penalties for driving without a valid license or |
| 37 | knowingly driving while driver license or driving |
| 38 | privilege is canceled, suspended, revoked, or disqualified |
| 39 | for specified alcohol-related or drug-related convictions |
| 40 | or refusal to submit to certain testing; revising |
| 41 | provisions for satisfaction of the element of knowledge; |
| 42 | requiring a cancellation, suspension, revocation, or |
| 43 | disqualification by the department or a uniform traffic |
| 44 | citation to contain notice that the person's driver |
| 45 | license or driving privilege has been canceled, suspended, |
| 46 | revoked, or disqualified; requiring impoundment and |
| 47 | immobilization information to be included with notice to a |
| 48 | person whose driver license or driving privilege has been |
| 49 | canceled, suspended, revoked, or disqualified; revising |
| 50 | penalty provisions for a habitual offender driving while |
| 51 | his or her license is revoked; providing that a person who |
| 52 | causes the death of or serious bodily injury to another |
| 53 | person by careless or negligent operation of a motor |
| 54 | vehicle while his or her license or driving privilege is |
| 55 | canceled, suspended, revoked, or disqualified commits a |
| 56 | felony of the third degree; requiring a written judgment |
| 57 | signed by the judge and recorded by the clerk for cases |
| 58 | involving a violation of requirements to possess a valid |
| 59 | driver license; requiring the defendant's fingerprints and |
| 60 | a certificate to be affixed to the written judgment of |
| 61 | conviction; providing for content of the certificate; |
| 62 | requiring the defendant's social security number to be |
| 63 | affixed to the written judgment of conviction or the |
| 64 | reason for its absence to be indicated; providing that the |
| 65 | written judgment constitutes prima facie evidence that the |
| 66 | fingerprints are the defendant's fingerprints; amending s. |
| 67 | 322.34, F.S.; requiring a law enforcement officer who |
| 68 | determines that a motor vehicle is being driven by or is |
| 69 | under the actual physical control of a person whose driver |
| 70 | license or driving privilege is canceled, suspended, |
| 71 | revoked, or disqualified to impound or immobilize the |
| 72 | motor vehicle; providing for notice to the driver; |
| 73 | providing for impoundment and immobilization of the motor |
| 74 | vehicle by the department; providing for notice to |
| 75 | registered owners of the motor vehicle and lienholders; |
| 76 | providing for the department to commence impoundment or |
| 77 | immobilization at the scene where the motor vehicle was |
| 78 | immobilized; providing procedures; providing for release |
| 79 | of the motor vehicle; requiring department records to |
| 80 | contain impoundment and immobilization information; |
| 81 | providing for payment of costs; providing for certain fees |
| 82 | and distribution of moneys collected; requiring the |
| 83 | department to authorize release of the motor vehicle under |
| 84 | certain circumstances; prohibiting operation of an |
| 85 | immobilized motor vehicle; providing for an immobilized |
| 86 | motor vehicle that is found being operated upon any street |
| 87 | or highway in this state before release from |
| 88 | immobilization to be seized and subject to forfeit; |
| 89 | authorizing the department to contract with vendors; |
| 90 | directing the department to inform the person whose driver |
| 91 | license or driving privilege has been canceled, suspended, |
| 92 | revoked, or disqualified that any motor vehicle driven by |
| 93 | or under the actual physical control of that person is |
| 94 | subject to impoundment and immobilization; requiring the |
| 95 | department to make driver license status information |
| 96 | available to the public through the Internet and a |
| 97 | telephone hotline; authorizing the department to adopt |
| 98 | rules; providing penalties for knowingly aiding a person |
| 99 | whose driver license or driving privilege is canceled, |
| 100 | suspended, revoked, or disqualified by providing a motor |
| 101 | vehicle or authorizing use of a motor vehicle; providing |
| 102 | for a rebuttable presumption of satisfaction of the |
| 103 | knowledge requirement; amending s. 322.341, F.S.; revising |
| 104 | penalty provisions for a person who drives a motor vehicle |
| 105 | when his or her driver license has been permanently |
| 106 | revoked; directing the department to inform drivers whose |
| 107 | license or driving privilege has been canceled, suspended, |
| 108 | revoked, or disqualified and the motoring public of the |
| 109 | provisions for impoundment and immobilization of motor |
| 110 | vehicles under this act; providing effective dates. |
| 111 |
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| 112 | Be It Enacted by the Legislature of the State of Florida: |
| 113 |
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| 114 | Section 1. This act may be cited as the "Deputy Michael |
| 115 | Callin, Michael Haligowski, and Deputy Ryan C. Seguin Memorial |
| 116 | Traffic Safety Act." |
| 117 | Section 2. Subsections (6) and (11) of section 318.14, |
| 118 | Florida Statutes, are amended to read: |
| 119 | 318.14 Noncriminal traffic infractions; exception; |
| 120 | procedures.-- |
| 121 | (6)(a) When a person elects or is required to appear |
| 122 | before the designated official, the official shall not grant a |
| 123 | continuance of the hearing more than three times. |
| 124 | (b) The commission of a charged infraction at a hearing |
| 125 | under this chapter must be proved beyond a reasonable doubt. |
| 126 | (11)(a) If adjudication is withheld for any person |
| 127 | pursuant to subsection (9) or subsection (10) charged or cited |
| 128 | under this section, such action is not a conviction. |
| 129 | (b) If a person is cited for a violation of s. |
| 130 | 322.34(2)(a)1. or 2. with a license that has been suspended |
| 131 | solely for failure to appear, failure to pay a civil penalty, |
| 132 | failure to attend a driver improvement course pursuant to s. |
| 133 | 322.291, failure to pay child support, or failure to pay a |
| 134 | judgment and such person provides to the court a valid or |
| 135 | reinstated driver's license and proper proof of maintenance of |
| 136 | security as required by s. 316.646, the court may withhold |
| 137 | adjudication pursuant to this subsection. If adjudication is |
| 138 | withheld for any person pursuant to this paragraph, such action |
| 139 | is not a conviction if adjudication has not been withheld under |
| 140 | this paragraph for a prior offense during the 3 years before the |
| 141 | date of the cited offense. |
| 142 | Section 3. Subsection (7) is added to section 322.03, |
| 143 | Florida Statutes, to read: |
| 144 | 322.03 Drivers must be licensed; penalties.-- |
| 145 | (7)(a) Every judgment for a violation of subsection (1), |
| 146 | regardless of whether adjudication is withheld, shall be in |
| 147 | writing, signed by the judge, and recorded by the clerk of the |
| 148 | circuit court. |
| 149 | 1. In open court and in the presence of the judge, the |
| 150 | judge shall cause the fingerprints of the defendant against whom |
| 151 | the judgment is rendered to be affixed beneath the judge's |
| 152 | signature to the written judgment of conviction. Beneath the |
| 153 | fingerprints shall be appended a certificate to the following |
| 154 | effect: |
| 155 |
|
| 156 | "I hereby certify that the above fingerprints are those of the |
| 157 | defendant, (name of defendant), and that they were placed |
| 158 | thereon by said defendant in my presence, in open court, this |
| 159 | the .... day of ...., (year)." |
| 160 | 2. The certificate shall be signed by the judge, whose |
| 161 | signature shall be followed by the word "Judge." |
| 162 | 3. At the time the defendant's fingerprints are taken, the |
| 163 | judge shall also cause the defendant's social security number to |
| 164 | be taken. The defendant's social security number shall be |
| 165 | affixed to every written judgment of conviction in open court, |
| 166 | in the presence of the judge, and at the time the judgment is |
| 167 | rendered. If the defendant is unable or unwilling to provide his |
| 168 | or her social security number, the reason for its absence shall |
| 169 | be indicated on the written judgment. |
| 170 | (b) Any such written judgment, or a certified copy |
| 171 | thereof, shall be admissible in evidence in the several courts |
| 172 | of this state as prima facie evidence that the fingerprints |
| 173 | appearing thereon and certified by the judge are the |
| 174 | fingerprints of the defendant against whom that judgment was |
| 175 | rendered. |
| 176 | Section 4. Subsections (1) and (6) of section 322.251, |
| 177 | Florida Statutes, are amended to read: |
| 178 | 322.251 Notice of cancellation, suspension, revocation, or |
| 179 | disqualification of license.-- |
| 180 | (1) All orders of cancellation, suspension, revocation, or |
| 181 | disqualification issued under the provisions of this chapter, |
| 182 | chapter 318, chapter 324, or ss. 627.732-627.734 shall be given |
| 183 | either by personal delivery thereof to the licensee whose |
| 184 | license is being canceled, suspended, revoked, or disqualified |
| 185 | or by deposit in the United States mail in an envelope, first |
| 186 | class, postage prepaid, addressed to the licensee at his or her |
| 187 | last known mailing address furnished to the department. Such |
| 188 | mailing by the department constitutes notification, and any |
| 189 | failure by the person to receive the mailed order will not |
| 190 | affect or stay the effective date or term of the cancellation, |
| 191 | suspension, revocation, or disqualification of the licensee's |
| 192 | driving privilege. Notification of cancellation, suspension, |
| 193 | revocation, or disqualification given by the department under |
| 194 | this section shall also inform the person whose license or |
| 195 | driving privilege has been canceled, suspended, revoked, or |
| 196 | disqualified that any motor vehicle driven by or under the |
| 197 | actual physical control of that person while the license or |
| 198 | driving privilege is canceled, suspended, revoked, or |
| 199 | disqualified is subject to impoundment and immobilization under |
| 200 | s. 322.34; however, any failure by the department to include the |
| 201 | impoundment and immobilization information with the notification |
| 202 | or any failure by the person to receive that information will |
| 203 | not affect or stay the effective date or term of the |
| 204 | cancellation, suspension, revocation, or disqualification of the |
| 205 | licensee's driving privilege and will not preclude, bar, or |
| 206 | otherwise affect the impoundment or immobilization of a motor |
| 207 | vehicle under s. 322.34. |
| 208 | (6)(a) Whenever a cancellation, suspension, revocation, or |
| 209 | disqualification occurs, the department shall enter the |
| 210 | cancellation, suspension, revocation, or disqualification order |
| 211 | on the licensee's driver file 20 days after the notice was |
| 212 | actually placed in the mail. Any inquiry into the file after the |
| 213 | 20-day period shall reveal that the license is canceled, |
| 214 | suspended, revoked, or disqualified and whether the license has |
| 215 | been received by the department. |
| 216 | (b)1. The department shall make available on its Internet |
| 217 | website the means to determine the status of a person's driver's |
| 218 | license by entering the driver's license number. The department |
| 219 | shall also provide an automated telephone hotline to provide |
| 220 | callers with the status of a person's driver's license. The |
| 221 | information provided on the Internet website or via the |
| 222 | telephone hotline under this subparagraph shall include the date |
| 223 | and time that information was first made available to the |
| 224 | public. |
| 225 | 2. Upon request from any law enforcement agency or officer |
| 226 | of the court, the department shall certify the date and time the |
| 227 | information was first made available to the public under |
| 228 | subparagraph 1. |
| 229 | Section 5. Effective October 1, 2008, subsections (1), |
| 230 | (2), (4), (5), and (6) of section 322.34, Florida Statutes, are |
| 231 | amended, and subsection (10) is added to that section, to read: |
| 232 | 322.34 Driving while license suspended, revoked, canceled, |
| 233 | or disqualified.-- |
| 234 | (1) Except as provided in subsection (2) and s. 322.341, |
| 235 | any person whose driver's license or driving privilege has been |
| 236 | canceled, suspended, or revoked, or disqualified, except a |
| 237 | "habitual traffic offender" as defined in s. 322.264, who drives |
| 238 | a vehicle upon the highways of this state while such license or |
| 239 | privilege is canceled, suspended, or revoked, or disqualified |
| 240 | commits is guilty of a moving violation, punishable as provided |
| 241 | in chapter 318. |
| 242 | (2)(a) Except as provided in s. 322.341, any person whose |
| 243 | driver's license or driving privilege has been canceled, |
| 244 | suspended, or revoked, or disqualified as provided by law, |
| 245 | except persons defined in s. 322.264, who, knowing of such |
| 246 | cancellation, suspension, or revocation, or disqualification, |
| 247 | drives any motor vehicle upon the highways of this state while |
| 248 | such license or privilege is canceled, suspended, or revoked, or |
| 249 | disqualified, or any person who drives any motor vehicle upon |
| 250 | the highways of this state without having a valid driver's |
| 251 | license as required under s. 322.03, upon: |
| 252 | 1.(a) A first conviction is guilty of a misdemeanor of the |
| 253 | second degree, punishable as provided in s. 775.082 or s. |
| 254 | 775.083, except that any person whose driver's license or |
| 255 | driving privilege was canceled, suspended, revoked, or |
| 256 | disqualified under s. 322.2615 relating to unlawful blood- |
| 257 | alcohol level or breath-alcohol level or for refusal to submit |
| 258 | to a breath, urine, or blood test authorized by s. 316.1932, s. |
| 259 | 322.28(2)(a) for a violation of s. 316.193 or s. 316.1931 |
| 260 | prohibiting driving under the influence, s. 316.655(2) for an |
| 261 | alcohol-related or drug-related conviction, or s. 316.1939 for |
| 262 | refusal to submit to testing is guilty of a misdemeanor of the |
| 263 | first degree, punishable as provided in s. 775.082 or s. |
| 264 | 775.083. |
| 265 | 2.(b) A second conviction is guilty of a misdemeanor of |
| 266 | the first degree, punishable as provided in s. 775.082 or s. |
| 267 | 775.083. |
| 268 | 3.(c) A third or subsequent conviction is guilty of a |
| 269 | felony of the third degree, punishable as provided in s. |
| 270 | 775.082, s. 775.083, or s. 775.084. |
| 271 | (b) If any person whose driver's license or driving |
| 272 | privilege was canceled, suspended, revoked, or disqualified |
| 273 | under s. 322.2615 relating to unlawful blood-alcohol level or |
| 274 | breath-alcohol level or for refusal to submit to a breath, |
| 275 | urine, or blood test authorized by s. 316.1932, s. 322.28(2)(a) |
| 276 | for a violation of s. 316.193 or s. 316.1931 prohibiting driving |
| 277 | under the influence, s. 316.655(2) for an alcohol-related or |
| 278 | drug-related conviction, or s. 316.1939 for refusal to submit to |
| 279 | testing is convicted under this subsection, the court must order |
| 280 | imprisonment for not less than 30 days. |
| 281 | (c) The element of knowledge is satisfied if the person |
| 282 | has been previously cited as provided in subsection (1); or the |
| 283 | person admits to knowledge of the cancellation, suspension, or |
| 284 | revocation, or disqualification; or the person received notice |
| 285 | as provided in subsection (4). There shall be a rebuttable |
| 286 | presumption that the knowledge requirement is satisfied if a |
| 287 | judgment or order or a cancellation, suspension, revocation, or |
| 288 | disqualification by the department as provided in subsection (4) |
| 289 | appears in the department's records for any case except for one |
| 290 | involving a suspension by the department for failure to pay a |
| 291 | traffic fine or for a financial responsibility violation. |
| 292 | (4) Any judgment or order rendered by a court or |
| 293 | adjudicatory body, any cancellation, suspension, revocation, or |
| 294 | disqualification by the department, or any uniform traffic |
| 295 | citation that cancels, suspends, or revokes, or disqualifies a |
| 296 | person's driver's license must contain a provision notifying the |
| 297 | person that his or her driver's license has been canceled, |
| 298 | suspended, or revoked, or disqualified and must inform the |
| 299 | person that any motor vehicle driven by that person while the |
| 300 | license is canceled, suspended, revoked, or disqualified shall |
| 301 | be impounded or immobilized pursuant to this section. |
| 302 | (5) Any person whose driver's license has been revoked |
| 303 | pursuant to s. 322.264 (habitual offender) and who drives any |
| 304 | motor vehicle upon the highways of this state while such license |
| 305 | is revoked commits is guilty of a felony of the third degree, |
| 306 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084, |
| 307 | and the court must order imprisonment for not less than 60 days. |
| 308 | (6) Any person who operates a motor vehicle: |
| 309 | (a) Without having a driver's license as required under s. |
| 310 | 322.03; or |
| 311 | (b) While his or her driver's license or driving privilege |
| 312 | is canceled, suspended, or revoked, or disqualified pursuant to |
| 313 | s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), |
| 314 |
|
| 315 | and who by careless or negligent operation of the motor vehicle |
| 316 | causes the death of or serious bodily injury to another human |
| 317 | being, commits is guilty of a felony of the third degree, |
| 318 | punishable as provided in s. 775.082 or s. 775.083. |
| 319 | (10)(a) With respect to any offense governed by this |
| 320 | section, regardless of whether adjudication is withheld, every |
| 321 | judgment shall be in writing, signed by the judge, and recorded |
| 322 | by the clerk of the circuit court. |
| 323 | 1. In open court and in the presence of the judge, the |
| 324 | judge shall cause the fingerprints of the defendant against whom |
| 325 | the judgment is rendered to be affixed beneath the judge's |
| 326 | signature to the written judgment of conviction. Beneath the |
| 327 | fingerprints shall be appended a certificate to the following |
| 328 | effect: |
| 329 |
|
| 330 | "I hereby certify that the above fingerprints are those of the |
| 331 | defendant, (name of defendant), and that they were placed |
| 332 | thereon by said defendant in my presence, in open court, this |
| 333 | the .... day of ...., (year)." |
| 334 | 2. The certificate shall be signed by the judge, whose |
| 335 | signature shall be followed by the word "Judge." |
| 336 | 3. At the time the defendant's fingerprints are taken, the |
| 337 | judge shall also cause the defendant's social security number to |
| 338 | be taken. The defendant's social security number shall be |
| 339 | affixed to every written judgment of conviction in open court, |
| 340 | in the presence of the judge, and at the time the judgment is |
| 341 | rendered. If the defendant is unable or unwilling to provide his |
| 342 | or her social security number, the reason for its absence shall |
| 343 | be indicated on the written judgment. |
| 344 | (b) Any such written judgment, or a certified copy |
| 345 | thereof, shall be admissible in evidence in the several courts |
| 346 | of this state as prima facie evidence that the fingerprints |
| 347 | appearing thereon and certified by the judge are the |
| 348 | fingerprints of the defendant against whom that judgment was |
| 349 | rendered. |
| 350 | Section 6. Effective July 1, 2009, subsections (3) and (8) |
| 351 | of section 322.34, Florida Statutes, as amended by this act, are |
| 352 | amended, and subsection (11) is added to that section, to read: |
| 353 | 322.34 Driving while license suspended, revoked, canceled, |
| 354 | or disqualified.-- |
| 355 | (3) In any proceeding for a violation of this section, a |
| 356 | court may consider evidence, other than that specified in |
| 357 | subsection (2) or subsection (11), that the person knowingly |
| 358 | violated this section. |
| 359 | (8)(a)1. If a law enforcement officer determines that a |
| 360 | motor vehicle is being driven by or is under the actual physical |
| 361 | control of a person whose driver's license or driving privilege |
| 362 | is canceled, suspended, revoked, or disqualified, the officer |
| 363 | shall immediately impound the motor vehicle or immobilize the |
| 364 | motor vehicle by installing an immobilization device on the |
| 365 | vehicle. The officer shall serve notice of the impoundment or |
| 366 | immobilization upon the driver. The notice shall include the |
| 367 | location where the motor vehicle is being held and information |
| 368 | on the procedures to have the motor vehicle released from |
| 369 | impoundment or immobilization by a department-approved vendor. A |
| 370 | law enforcement agency or officer who proceeds in good faith to |
| 371 | immobilize or impound a vehicle under this section shall not be |
| 372 | responsible for any towing, immobilizing, or impounding fees. A |
| 373 | law enforcement officer may leave the scene of the impoundment |
| 374 | without completing the impoundment process if the officer is |
| 375 | ordered elsewhere by his superior officer or an emergency |
| 376 | elsewhere arises, or due to other exigent circumstances. |
| 377 | 2. A law enforcement officer impounding or immobilizing a |
| 378 | motor vehicle under subparagraph 1. shall notify the department |
| 379 | or the department's agent within 24 hours to effect impoundment |
| 380 | or immobilization under this paragraph. The department or the |
| 381 | department's agent shall remove and impound or immobilize the |
| 382 | motor vehicle at another location. The motor vehicle may be |
| 383 | immobilized by installation of an immobilization device on the |
| 384 | vehicle; however, the impounding company shall not release the |
| 385 | motor vehicle for immobilization at another location without |
| 386 | proof that the immobilization vendor is approved by the |
| 387 | department. The motor vehicle shall remain in impound or |
| 388 | immobilized until the owner or lessee receives authorization |
| 389 | from the department for release of the motor vehicle under the |
| 390 | provisions of this subsection. The department is authorized to |
| 391 | adopt by rule procedures for removal and immobilization of the |
| 392 | motor vehicle by a department-approved vendor from the location |
| 393 | where the motor vehicle was impounded or immobilized by the law |
| 394 | enforcement officer under subparagraph 1. |
| 395 | 3. A motor vehicle impounded or immobilized under this |
| 396 | paragraph that, according to the records of the department, is |
| 397 | owned or leased by the person who was driving or in actual |
| 398 | physical control of the motor vehicle when it was stopped and |
| 399 | impounded or immobilized under subparagraph 1. shall remain |
| 400 | impounded or immobilized until the person's license and driving |
| 401 | privilege are reinstated and payment of the fees imposed under |
| 402 | paragraph (c) and all costs of towing, impoundment, |
| 403 | immobilization, and storage has been made. If department records |
| 404 | show a different owner or lessee, the motor vehicle shall be |
| 405 | released to that owner or lessee or the owner's or lessee's |
| 406 | agent upon payment of the fees imposed under paragraph (c) and |
| 407 | all costs of towing, impoundment, immobilization, and storage. |
| 408 | The department's records shall reflect that the motor vehicle is |
| 409 | immobilized or impounded. |
| 410 | (b) Within 7 business days after the date the law |
| 411 | enforcement agency or the department impounds or immobilizes the |
| 412 | motor vehicle under this subsection, the department shall send |
| 413 | notice of the impoundment or immobilization by certified mail, |
| 414 | return receipt requested, to any registered owners or coowners |
| 415 | of the motor vehicle other than the driver and to each person of |
| 416 | record claiming a lien against the motor vehicle. The notice |
| 417 | shall include the location where the motor vehicle is being held |
| 418 | and information on the procedures to have the motor vehicle |
| 419 | released from impoundment or immobilization by a department- |
| 420 | approved vendor. All costs and fees for the impoundment or |
| 421 | immobilization, including the cost of notification, must be paid |
| 422 | by the owner of the motor vehicle or, if the motor vehicle is |
| 423 | leased, by the person leasing the motor vehicle. |
| 424 | (c)1. The department shall collect a $30 processing fee |
| 425 | from the owner or lessee prior to release of any motor vehicle |
| 426 | immobilized or impounded under this subsection. Moneys collected |
| 427 | under this subparagraph shall be forwarded to the Department of |
| 428 | Revenue, which shall deposit $28 of the fee into the State |
| 429 | Transportation Trust Fund created under s. 206.46 to be used to |
| 430 | carry out public transit responsibilities of the Department of |
| 431 | Transportation under s. 341.041. The Department of Revenue shall |
| 432 | remit the remaining $2 to the Florida Law Enforcement Memorial |
| 433 | Fund of the Florida State Lodge of the Fraternal Order of Police |
| 434 | to be used to carry out the purposes of that fund in this state. |
| 435 | 2. The department shall charge a reasonable fee, not to |
| 436 | exceed $6, to the owner or lessee of the motor vehicle to cover |
| 437 | the operational costs of the program and the cost of |
| 438 | immobilizing or impounding the motor vehicle. Fees collected |
| 439 | under this subparagraph shall be deposited in the Highway Safety |
| 440 | Operating Trust Fund of the Department of Highway Safety and |
| 441 | Motor Vehicles. |
| 442 | (d) The department shall authorize release of the motor |
| 443 | vehicle to the owner or lessee: |
| 444 | 1. Upon satisfaction of all of the requirements under this |
| 445 | subsection for release of the motor vehicle; or |
| 446 | 2. Upon request by the owner or lessee and a statement |
| 447 | that the family of the owner or lessee living in the same |
| 448 | household has no other private or public means of transportation |
| 449 | and at least one household member has a valid driver's license |
| 450 | that is not canceled, suspended, revoked, or disqualified. The |
| 451 | department shall verify the statement using department records |
| 452 | prior to authorization of release. |
| 453 | (e) A motor vehicle immobilized under this subsection may |
| 454 | not be operated in this state until released from immobilization |
| 455 | by the department or the department's agent. A motor vehicle |
| 456 | immobilized under this subsection that is found being operated |
| 457 | upon any street or highway in this state before being released |
| 458 | by the department or the department's agent shall be seized and |
| 459 | removed from the street or highway and may be forfeited pursuant |
| 460 | to ss. 932.701-932.704. |
| 461 | (f) The department may contract with vendors to carry out |
| 462 | the provisions of this subsection. |
| 463 | (g) Notification of cancellation, suspension, revocation, |
| 464 | or disqualification given by the department under s. 322.251 |
| 465 | shall also inform the person whose driver's license or driving |
| 466 | privilege has been canceled, suspended, revoked, or disqualified |
| 467 | that any motor vehicle driven by or under the actual physical |
| 468 | control of that person while the license or driving privilege is |
| 469 | canceled, suspended, revoked, or disqualified is subject to |
| 470 | impoundment and immobilization under this subsection; however, |
| 471 | failure to receive the information shall not preclude, bar, or |
| 472 | otherwise affect the impoundment or immobilization of a motor |
| 473 | vehicle under this subsection. |
| 474 | (h) The department shall make available on its Internet |
| 475 | website the means to determine the status of a person's driver's |
| 476 | license by entering the driver's license number. The department |
| 477 | shall also provide an automated telephone hotline to provide |
| 478 | callers with the status of a person's driver's license. |
| 479 | (i) The department may adopt rules pursuant to ss. |
| 480 | 120.536(1) and 120.54 to implement the provisions of this |
| 481 | subsection. Upon the arrest of a person for the offense of |
| 482 | driving while the person's driver's license or driving privilege |
| 483 | is suspended or revoked, the arresting officer shall determine: |
| 484 | 1. Whether the person's driver's license is suspended or |
| 485 | revoked. |
| 486 | 2. Whether the person's driver's license has remained |
| 487 | suspended or revoked since a conviction for the offense of |
| 488 | driving with a suspended or revoked license. |
| 489 | 3. Whether the suspension or revocation was made under s. |
| 490 | 316.646 or s. 627.733, relating to failure to maintain required |
| 491 | security, or under s. 322.264, relating to habitual traffic |
| 492 | offenders. |
| 493 | 4. Whether the driver is the registered owner or coowner |
| 494 | of the vehicle. |
| 495 | (b) If the arresting officer finds in the affirmative as |
| 496 | to all of the criteria in paragraph (a), the officer shall |
| 497 | immediately impound or immobilize the vehicle. |
| 498 | (c) Within 7 business days after the date the arresting |
| 499 | agency impounds or immobilizes the vehicle, either the arresting |
| 500 | agency or the towing service, whichever is in possession of the |
| 501 | vehicle, shall send notice by certified mail, return receipt |
| 502 | requested, to any coregistered owners of the vehicle other than |
| 503 | the person arrested and to each person of record claiming a lien |
| 504 | against the vehicle. All costs and fees for the impoundment or |
| 505 | immobilization, including the cost of notification, must be paid |
| 506 | by the owner of the vehicle or, if the vehicle is leased, by the |
| 507 | person leasing the vehicle. |
| 508 | (d) Either the arresting agency or the towing service, |
| 509 | whichever is in possession of the vehicle, shall determine |
| 510 | whether any vehicle impounded or immobilized under this section |
| 511 | has been leased or rented or if there are any persons of record |
| 512 | with a lien upon the vehicle. Either the arresting agency or the |
| 513 | towing service, whichever is in possession of the vehicle, shall |
| 514 | notify by express courier service with receipt or certified |
| 515 | mail, return receipt requested, within 7 business days after the |
| 516 | date of the immobilization or impoundment of the vehicle, the |
| 517 | registered owner and all persons having a recorded lien against |
| 518 | the vehicle that the vehicle has been impounded or immobilized. |
| 519 | A lessor, rental car company, or lienholder may then obtain the |
| 520 | vehicle, upon payment of any lawful towing or storage charges. |
| 521 | If the vehicle is a rental vehicle subject to a written |
| 522 | contract, the charges may be separately charged to the renter, |
| 523 | in addition to the rental rate, along with other separate fees, |
| 524 | charges, and recoupments disclosed on the rental agreement. If |
| 525 | the storage facility fails to provide timely notice to a lessor, |
| 526 | rental car company, or lienholder as required by this paragraph, |
| 527 | the storage facility shall be responsible for payment of any |
| 528 | towing or storage charges necessary to release the vehicle to a |
| 529 | lessor, rental car company, or lienholder that accrue after the |
| 530 | notice period, which charges may then be assessed against the |
| 531 | driver of the vehicle if the vehicle was lawfully impounded or |
| 532 | immobilized. |
| 533 | (e) Except as provided in paragraph (d), the vehicle shall |
| 534 | remain impounded or immobilized for any period imposed by the |
| 535 | court until: |
| 536 | 1. The owner presents proof of insurance to the arresting |
| 537 | agency; or |
| 538 | 2. The owner presents proof of sale of the vehicle to the |
| 539 | arresting agency and the buyer presents proof of insurance to |
| 540 | the arresting agency. |
| 541 |
|
| 542 | If proof is not presented within 35 days after the impoundment |
| 543 | or immobilization, a lien shall be placed upon such vehicle |
| 544 | pursuant to s. 713.78. |
| 545 | (f) The owner of a vehicle that is impounded or |
| 546 | immobilized under this subsection may, within 10 days after the |
| 547 | date the owner has knowledge of the location of the vehicle, |
| 548 | file a complaint in the county in which the owner resides to |
| 549 | determine whether the vehicle was wrongfully taken or withheld. |
| 550 | Upon the filing of a complaint, the owner may have the vehicle |
| 551 | released by posting with the court a bond or other adequate |
| 552 | security equal to the amount of the costs and fees for |
| 553 | impoundment or immobilization, including towing or storage, to |
| 554 | ensure the payment of such costs and fees if the owner does not |
| 555 | prevail. When the vehicle owner does not prevail on a complaint |
| 556 | that the vehicle was wrongfully taken or withheld, he or she |
| 557 | must pay the accrued charges for the immobilization or |
| 558 | impoundment, including any towing and storage charges assessed |
| 559 | against the vehicle. When the bond is posted and the fee is paid |
| 560 | as set forth in s. 28.24, the clerk of the court shall issue a |
| 561 | certificate releasing the vehicle. At the time of release, after |
| 562 | reasonable inspection, the owner must give a receipt to the |
| 563 | towing or storage company indicating any loss or damage to the |
| 564 | vehicle or to the contents of the vehicle. |
| 565 | (11) Any owner or lessee of a motor vehicle who knowingly |
| 566 | allows, permits, or authorizes a person whose driver's license |
| 567 | or driving privilege has been canceled, suspended, revoked, or |
| 568 | disqualified to drive the motor vehicle upon the streets or |
| 569 | highways of this state or knowingly gives, leases, lends, or |
| 570 | otherwise provides the motor vehicle to a person whose driver's |
| 571 | license or driving privilege has been canceled, suspended, |
| 572 | revoked, or disqualified while such license or privilege is |
| 573 | canceled, suspended, revoked, or disqualified commits a |
| 574 | misdemeanor of the second degree, punishable as provided in s. |
| 575 | 775.082 or s. 775.083. The element of knowledge is satisfied if |
| 576 | the owner or lessee has been previously charged under this |
| 577 | subsection for providing a motor vehicle to the same person; the |
| 578 | owner admits to knowledge of the cancellation, suspension, |
| 579 | revocation, or disqualification of the driver's license or |
| 580 | driving privilege of the driver; or the owner received notice as |
| 581 | provided in subsection (8) relating to the same driver. There |
| 582 | shall be a rebuttable presumption that the knowledge requirement |
| 583 | is satisfied if the cancellation, suspension, revocation, or |
| 584 | disqualification appears in the department's records and that |
| 585 | information is available to the public through the department's |
| 586 | Internet website or a telephone hotline. |
| 587 | Section 7. Effective October 1, 2008, section 322.341, |
| 588 | Florida Statutes, is amended to read: |
| 589 | 322.341 Driving while license permanently revoked.--Any |
| 590 | person whose driver's license or driving privilege has been |
| 591 | permanently revoked pursuant to s. 322.26 or s. 322.28 and who |
| 592 | drives a motor vehicle upon the highways of this state commits |
| 593 | is guilty of a felony of the third degree, punishable as |
| 594 | provided in s. 775.082, s. 775.083, or s. 775.084, and the court |
| 595 | must order imprisonment for not less than 90 days. |
| 596 | Section 8. The Department of Highway Safety and Motor |
| 597 | Vehicles shall inform the motoring public of the changes to s. |
| 598 | 322.34, Florida Statutes, made by this act relating to |
| 599 | impoundment or immobilization of a motor vehicle being driven by |
| 600 | a person whose driver license is canceled, suspended, revoked, |
| 601 | or disqualified and shall provide such information in newly |
| 602 | printed driver license educational materials after July 1, 2008, |
| 603 | and in public service announcements produced in cooperation with |
| 604 | the Florida Highway Patrol. |
| 605 | Section 9. During the period from July 1, 2008, to July 1, |
| 606 | 2009, the Department of Highway Safety and Motor Vehicles shall |
| 607 | notify by mail persons whose driver license or driving privilege |
| 608 | has been canceled, suspended, revoked, or disqualified of the |
| 609 | changes to s. 322.34, Florida Statutes, made by this act |
| 610 | relating to impoundment or immobilization of a motor vehicle |
| 611 | being driven by such person; however, failure to receive such |
| 612 | notification shall not preclude, bar, or otherwise affect the |
| 613 | impoundment or immobilization of a motor vehicle under s. |
| 614 | 322.34, Florida Statutes. |
| 615 | Section 10. Except as otherwise expressly provided in this |
| 616 | act, this act shall take effect July 1, 2008. |