| 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. 322.251, |
| 5 | F.S.; requiring impoundment and immobilization information |
| 6 | to be included with notice to a person whose driver |
| 7 | license or driving privilege is being canceled, suspended, |
| 8 | revoked, or disqualified; amending s. 322.34, F.S.; |
| 9 | requiring impoundment and immobilization information to be |
| 10 | included with notice to a person whose driver license or |
| 11 | driving privilege is being canceled, suspended, revoked, |
| 12 | or disqualified; requiring a law enforcement officer who |
| 13 | determines that a motor vehicle is being driven by or is |
| 14 | under the actual physical control of a person whose driver |
| 15 | license or driving privilege is canceled, suspended, |
| 16 | revoked, or disqualified to impound or immobilize the |
| 17 | motor vehicle; providing for notice to the driver; |
| 18 | providing for notice to registered owners of the motor |
| 19 | vehicle and lienholders; providing for exceptions; |
| 20 | providing for the Department of Highway Safety and Motor |
| 21 | Vehicles to commence impoundment or immobilization at the |
| 22 | scene where the motor vehicle was immobilized; providing |
| 23 | procedures; providing for release of the motor vehicle; |
| 24 | requiring department records to contain impoundment and |
| 25 | immobilization information; providing for a lien under |
| 26 | specified provisions for charges accrued for recovery, |
| 27 | towing, or storage services; requiring notice to the |
| 28 | owner, insurance company insuring the motor vehicle, and |
| 29 | lienholders of record; providing for the owner's right to |
| 30 | a hearing; providing for sale of the motor vehicle free of |
| 31 | liens after a certain timeframe; providing for |
| 32 | distribution of proceeds from such sale; providing for |
| 33 | certain fees and distribution of moneys collected; |
| 34 | requiring the department to authorize release of the motor |
| 35 | vehicle under certain circumstances; prohibiting operation |
| 36 | of an immobilized motor vehicle; providing for an |
| 37 | immobilized motor vehicle that is found being operated |
| 38 | upon any street or highway in this state before release |
| 39 | from immobilization to be seized and subject to forfeit; |
| 40 | authorizing the department to contract with vendors; |
| 41 | directing the department to inform the person whose driver |
| 42 | license or driving privilege has been canceled, suspended, |
| 43 | revoked, or disqualified that any motor vehicle driven by |
| 44 | or under the actual physical control of that person is |
| 45 | subject to impoundment and immobilization; authorizing the |
| 46 | department to adopt rules; providing penalties for |
| 47 | knowingly aiding a person whose driver license or driving |
| 48 | privilege is canceled, suspended, revoked, or disqualified |
| 49 | by providing a motor vehicle or authorizing use of a motor |
| 50 | vehicle; directing the department to inform drivers whose |
| 51 | license or driving privilege has been canceled, suspended, |
| 52 | revoked, or disqualified and the motoring public of the |
| 53 | provisions for impoundment and immobilization of motor |
| 54 | vehicles under this act; providing effective dates. |
| 55 |
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| 56 | Be It Enacted by the Legislature of the State of Florida: |
| 57 |
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| 58 | Section 1. This act may be cited as the "Deputy Michael |
| 59 | Callin, Michael Haligowski, and Deputy Ryan C. Seguin Memorial |
| 60 | Traffic Safety Act." |
| 61 | Section 2. Subsection (1) of section 322.251, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 322.251 Notice of cancellation, suspension, revocation, or |
| 64 | disqualification of license.-- |
| 65 | (1) All orders of cancellation, suspension, revocation, or |
| 66 | disqualification issued under the provisions of this chapter, |
| 67 | chapter 318, chapter 324, or ss. 627.732-627.734 shall be given |
| 68 | either by personal delivery thereof to the licensee whose |
| 69 | license is being canceled, suspended, revoked, or disqualified |
| 70 | or by deposit in the United States mail in an envelope, first |
| 71 | class, postage prepaid, addressed to the licensee at his or her |
| 72 | last known mailing address furnished to the department. Such |
| 73 | mailing by the department constitutes notification, and any |
| 74 | failure by the person to receive the mailed order will not |
| 75 | affect or stay the effective date or term of the cancellation, |
| 76 | suspension, revocation, or disqualification of the licensee's |
| 77 | driving privilege. Notification of cancellation, suspension, |
| 78 | revocation, or disqualification given by the department under |
| 79 | this section shall also inform the person whose license or |
| 80 | driving privilege is being canceled, suspended, revoked, or |
| 81 | disqualified that any motor vehicle driven by or under the |
| 82 | actual physical control of that person while the license or |
| 83 | driving privilege is canceled, suspended, revoked, or |
| 84 | disqualified is subject to impoundment and immobilization under |
| 85 | s. 322.34. |
| 86 | Section 3. Effective July 1, 2010, subsections (3), (4), |
| 87 | and (8) of section 322.34, Florida Statutes, are amended, and |
| 88 | subsection (11) is added to that section, to read: |
| 89 | 322.34 Driving while license suspended, revoked, canceled, |
| 90 | or disqualified.-- |
| 91 | (3) In any proceeding for a violation of this section, a |
| 92 | court may consider evidence, other than that specified in |
| 93 | subsection (2) or subsection (11), that the person knowingly |
| 94 | violated this section. |
| 95 | (4) Any judgment or order rendered by a court or |
| 96 | adjudicatory body that cancels, suspends, revokes, or |
| 97 | disqualifies a person's driver's license, or any uniform traffic |
| 98 | citation that cancels, suspends, or revokes, or disqualifies a |
| 99 | person's driver's license, and any notice of cancellation, |
| 100 | suspension, revocation, or disqualification of a person's |
| 101 | driver's license by the department must contain a provision |
| 102 | notifying the person that his or her driver's license is being |
| 103 | has been canceled, suspended, or revoked, or disqualified and |
| 104 | must inform the person that any motor vehicle driven by that |
| 105 | person while the license is canceled, suspended, revoked, or |
| 106 | disqualified shall be impounded or immobilized pursuant to this |
| 107 | section. |
| 108 | (8)(a)1. If a law enforcement officer determines that a |
| 109 | motor vehicle is being driven by or is under the actual physical |
| 110 | control of a person whose driver's license or driving privilege |
| 111 | is canceled, suspended, revoked, or disqualified, the officer |
| 112 | shall immediately impound the motor vehicle, immobilize the |
| 113 | motor vehicle by installing an immobilization device on the |
| 114 | motor vehicle, or immobilize the motor vehicle by removing the |
| 115 | registration license plate. The officer shall serve notice of |
| 116 | the impoundment or immobilization upon the driver. The notice |
| 117 | shall include the location where the motor vehicle is being held |
| 118 | and information on the procedures to have the motor vehicle |
| 119 | released from impoundment or immobilization by a department- |
| 120 | approved vendor. A law enforcement agency or officer who |
| 121 | proceeds in good faith to immobilize or impound a vehicle under |
| 122 | this section is not responsible for any towing, immobilizing, or |
| 123 | impounding fees. A law enforcement officer may immobilize the |
| 124 | motor vehicle by removing the registration license plate and |
| 125 | leave the scene of the impoundment or immobilization without |
| 126 | completing the impoundment or immobilization process if the |
| 127 | officer is ordered elsewhere by his or her superior officer or |
| 128 | an emergency elsewhere or other exigent circumstance compels the |
| 129 | officer to leave. |
| 130 | 2. If the officer determines the driver's license is |
| 131 | suspended for a failure to pay traffic infractions and the |
| 132 | driver has not previously been warned of immobilization or |
| 133 | impoundment, the officer shall provide a warning and shall not |
| 134 | impound or immobilize the motor vehicle. The agency issuing the |
| 135 | warning shall transmit the individual offender's name to the |
| 136 | department, which shall provide notice to the driver pursuant to |
| 137 | paragraph (h). |
| 138 | 3. A law enforcement officer impounding or immobilizing a |
| 139 | motor vehicle under subparagraph 1. shall notify the department |
| 140 | or the department's agent within 24 hours to effect impoundment |
| 141 | or immobilization under this paragraph. If the officer removed |
| 142 | the registration license plate, the plate shall be delivered to |
| 143 | the department or the department's agent. The department or the |
| 144 | department's agent shall remove and impound or immobilize the |
| 145 | motor vehicle at another location; however, the impounding |
| 146 | company shall not release the motor vehicle for immobilization |
| 147 | at another location without proof that the immobilization vendor |
| 148 | is approved by the department. The department is authorized to |
| 149 | adopt by rule procedures for removal and immobilization of the |
| 150 | motor vehicle by a department-approved vendor from the location |
| 151 | where the motor vehicle was impounded or immobilized by the law |
| 152 | enforcement officer under subparagraph 1. |
| 153 | (b)1. A motor vehicle impounded or immobilized under |
| 154 | paragraph (a) that, according to the records of the department, |
| 155 | is owned by the person who was driving or in actual physical |
| 156 | control of the motor vehicle when it was stopped and impounded |
| 157 | or immobilized shall be released from impoundment or |
| 158 | immobilization when the owner receives authorization for release |
| 159 | of the motor vehicle under paragraph (e) and all costs of |
| 160 | towing, impoundment, immobilization, and storage are paid. |
| 161 | a. If department records show that the driver's license |
| 162 | cancellation, suspension, revocation, or disqualification is |
| 163 | based on any criminal conviction, the motor vehicle must be |
| 164 | removed to an impound lot or immobilized by installing an |
| 165 | immobilization device and removed to another location. |
| 166 | b. If department records show that the driver is |
| 167 | designated a habitual traffic offender under s. 322.264 whose |
| 168 | license has been revoked under s. 322.27(5) and whose driving |
| 169 | privilege has not been restored, the motor vehicle must be |
| 170 | removed to an impound lot or immobilized by installing an |
| 171 | immobilization device and removed to another location. |
| 172 | 2. If department records show that the motor vehicle is |
| 173 | owned or leased by a person other than the driver, the motor |
| 174 | vehicle shall be released to the owner or lessee or the owner's |
| 175 | or lessee's agent upon payment of all costs of towing, |
| 176 | impoundment, immobilization, and storage. |
| 177 | 3. The department's records shall reflect that the motor |
| 178 | vehicle is impounded or immobilized. |
| 179 | (c) Notice by certified mail shall be sent within 7 |
| 180 | business days after the date of storage of the motor vehicle to |
| 181 | the registered owner, the insurance company insuring the motor |
| 182 | vehicle notwithstanding the provisions of s. 627.736, and all |
| 183 | persons of record claiming a lien against the motor vehicle. The |
| 184 | notice shall state the fact of possession of the motor vehicle, |
| 185 | that a lien as provided in s. 713.78(2) is claimed, that charges |
| 186 | have accrued and the amount thereof, that the lien is subject to |
| 187 | enforcement pursuant to law, that the owner or lienholder, if |
| 188 | any, has the right to a hearing as set forth in s. 713.78(5), |
| 189 | and that any motor vehicle that remains unclaimed or for which |
| 190 | the charges for recovery, towing, or storage services remain |
| 191 | unpaid may be sold free of all prior liens after 35 days if the |
| 192 | motor vehicle is more than 3 years of age or after 50 days if |
| 193 | the motor vehicle is 3 years of age or less. |
| 194 | 1. If attempts to locate the name and address of the owner |
| 195 | or lienholder prove unsuccessful, the towing-storage operator |
| 196 | shall, after 7 working days following the initial tow or |
| 197 | storage, excluding Saturday and Sunday, notify the public agency |
| 198 | of jurisdiction in writing by certified mail or acknowledged |
| 199 | hand delivery that the towing-storage company has been unable to |
| 200 | locate the name and address of the owner or lienholder, a |
| 201 | physical search of the motor vehicle has disclosed no ownership |
| 202 | information, and a good faith effort has been made. For purposes |
| 203 | of this subparagraph, "good faith effort" means that the |
| 204 | following checks have been performed by the company to establish |
| 205 | a prior state of registration, if any, and for title: |
| 206 | a. A check of the motor vehicle for any type of tag, tag |
| 207 | record, temporary tag, or regular tag. |
| 208 | b. A check of the law enforcement report for the tag |
| 209 | number or other information identifying the motor vehicle if the |
| 210 | motor vehicle was towed at the request of a law enforcement |
| 211 | officer. |
| 212 | c. A check of the trip sheet or tow ticket of the tow |
| 213 | truck operator to determine whether a tag was on the motor |
| 214 | vehicle at the beginning of the tow, if a private tow. |
| 215 | d. If there is no address of the owner on the impound |
| 216 | report, a check of the law enforcement report to determine |
| 217 | whether an out-of-state address is indicated by the driver's |
| 218 | license information. |
| 219 | e. A check of the motor vehicle for an inspection sticker |
| 220 | or any other sticker or decal that might indicate a state of |
| 221 | possible registration. |
| 222 | f. A check of the interior of the motor vehicle for any |
| 223 | papers that might be in the glove box, trunk, or other areas for |
| 224 | a state of registration. |
| 225 | g. A check of the motor vehicle for its vehicle |
| 226 | identification number. |
| 227 | 2. Proceeds of the sale under this paragraph shall be used |
| 228 | in the following order of priority: |
| 229 | a. For payment of the costs of the sale, including payment |
| 230 | of the cost of mailing and publication of notice. |
| 231 | b. For payment of the costs of towing, impoundment, |
| 232 | immobilization, and storage. |
| 233 | c. For payment of the fees imposed under subparagraphs |
| 234 | (d)1. and 2., in that order of priority. |
| 235 | d. For payment of any valid claim made by any lienholder |
| 236 | of record. |
| 237 | e. For payment of any outstanding traffic-related fines or |
| 238 | fees owed by the motor vehicle owner. |
| 239 | f. Proceeds remaining after distribution under sub- |
| 240 | subparagraphs a.-e. shall be remitted to the owner of the motor |
| 241 | vehicle. |
| 242 | (d)1. The department shall collect a $35 processing fee |
| 243 | prior to release to the owner of any motor vehicle impounded or |
| 244 | immobilized under this subsection. Five dollars of the fee shall |
| 245 | be distributed to the law enforcement agency that initiated the |
| 246 | impoundment or immobilization. The remaining $30 shall be |
| 247 | forwarded to the Department of Revenue, which shall: |
| 248 | a. Deposit $10 of the fee into the State Transportation |
| 249 | Trust Fund created under s. 206.46 to be used to carry out |
| 250 | public transit responsibilities of the Department of |
| 251 | Transportation under s. 341.041. |
| 252 | b. Remit $5 of the fee to the Florida Law Enforcement |
| 253 | Memorial Fund of the Florida State Lodge of the Fraternal Order |
| 254 | of Police to be used to provide funds for the Law Enforcement |
| 255 | Memorial Monument on the grounds of the Florida Capitol and to |
| 256 | provide support to surviving colleagues and families of officers |
| 257 | who have lost their lives serving the citizens of the state. |
| 258 | c. Remit $5 of the fee to the Department of Highway Safety |
| 259 | and Motor Vehicles for public service announcements warning |
| 260 | motorists that any motor vehicle driven by a person whose |
| 261 | license has been canceled, suspended, revoked, or disqualified |
| 262 | is subject to impoundment or immobilization. |
| 263 | d. Remit $10 of the fee to the state courts system for |
| 264 | deposit into the Operating Trust Fund created under s. 25.3844. |
| 265 | 2. The department shall charge a reasonable fee, not to |
| 266 | exceed $6, to the owner or lessee of the motor vehicle to cover |
| 267 | the operational costs related to immobilizing or impounding |
| 268 | motor vehicles. Fees collected under this subparagraph shall be |
| 269 | deposited in the Highway Safety Operating Trust Fund of the |
| 270 | Department of Highway Safety and Motor Vehicles. |
| 271 | 3. Notwithstanding any other law to the contrary, that |
| 272 | portion of any outstanding fine or fee collected pursuant to |
| 273 | this subsection which is not otherwise allocated by law or which |
| 274 | is allocated to the General Revenue Fund shall be remitted by |
| 275 | the Department of Revenue to the Operating Trust Fund created in |
| 276 | s. 25.3844. |
| 277 | 4. Fees required under this paragraph for release of a |
| 278 | motor vehicle, as well as fines and fees required for |
| 279 | reinstatement of a person's license and privilege to drive, may |
| 280 | be satisfied by community service pursuant to s. 318.18(8) as |
| 281 | authorized by the court. This subparagraph does not apply to the |
| 282 | payment of costs of towing, impoundment, immobilization, and |
| 283 | storage. |
| 284 | (e) The department must authorize release of the motor |
| 285 | vehicle to the owner upon payment of the fees imposed under |
| 286 | paragraph (d); payment of all costs of towing, impoundment, |
| 287 | immobilization, and storage as required under paragraph (c); and |
| 288 | satisfaction of one of the following conditions: |
| 289 | 1. The license and driving privilege of the driver are |
| 290 | reinstated; |
| 291 | 2. The clerk of court verifies that all outstanding |
| 292 | traffic fines and related fees and costs owed by the driver have |
| 293 | been satisfied; |
| 294 | 3. The motor vehicle has been sold and the title of the |
| 295 | motor vehicle has been transferred; |
| 296 | 4. The driver submits to the department a statement that |
| 297 | the family of the driver living in the same household has no |
| 298 | other private or public means of transportation and at least one |
| 299 | household member has a valid driver's license that is not |
| 300 | canceled, suspended, revoked, or disqualified, which statement |
| 301 | is verified by the department using department records; or |
| 302 | 5. The motor vehicle has been sold pursuant to s. 713.78. |
| 303 | (f) A motor vehicle immobilized under this subsection may |
| 304 | not be operated in this state until released from immobilization |
| 305 | by the department or the department's agent. A motor vehicle |
| 306 | immobilized under this subsection that is found being operated |
| 307 | upon any street or highway in this state before being released |
| 308 | by the department or the department's agent shall be seized and |
| 309 | removed from the street or highway and may be forfeited pursuant |
| 310 | to ss. 932.701-932.704. |
| 311 | (g) The department may contract with vendors to carry out |
| 312 | the provisions of this subsection. |
| 313 | (h) Notification of cancellation, suspension, revocation, |
| 314 | or disqualification given by the department under s. 322.251 |
| 315 | shall also inform the person whose driver's license or driving |
| 316 | privilege is being canceled, suspended, revoked, or disqualified |
| 317 | that any motor vehicle driven by or under the actual physical |
| 318 | control of that person while the license or driving privilege is |
| 319 | canceled, suspended, revoked, or disqualified is subject to |
| 320 | impoundment and immobilization under this subsection. |
| 321 | (i) The department may adopt rules pursuant to ss. |
| 322 | 120.536(1) and 120.54 to implement the provisions of this |
| 323 | subsection. Upon the arrest of a person for the offense of |
| 324 | driving while the person's driver's license or driving privilege |
| 325 | is suspended or revoked, the arresting officer shall determine: |
| 326 | 1. Whether the person's driver's license is suspended or |
| 327 | revoked. |
| 328 | 2. Whether the person's driver's license has remained |
| 329 | suspended or revoked since a conviction for the offense of |
| 330 | driving with a suspended or revoked license. |
| 331 | 3. Whether the suspension or revocation was made under s. |
| 332 | 316.646 or s. 627.733, relating to failure to maintain required |
| 333 | security, or under s. 322.264, relating to habitual traffic |
| 334 | offenders. |
| 335 | 4. Whether the driver is the registered owner or coowner |
| 336 | of the vehicle. |
| 337 | (b) If the arresting officer finds in the affirmative as |
| 338 | to all of the criteria in paragraph (a), the officer shall |
| 339 | immediately impound or immobilize the vehicle. |
| 340 | (c) Within 7 business days after the date the arresting |
| 341 | agency impounds or immobilizes the vehicle, either the arresting |
| 342 | agency or the towing service, whichever is in possession of the |
| 343 | vehicle, shall send notice by certified mail, return receipt |
| 344 | requested, to any coregistered owners of the vehicle other than |
| 345 | the person arrested and to each person of record claiming a lien |
| 346 | against the vehicle. All costs and fees for the impoundment or |
| 347 | immobilization, including the cost of notification, must be paid |
| 348 | by the owner of the vehicle or, if the vehicle is leased, by the |
| 349 | person leasing the vehicle. |
| 350 | (d) Either the arresting agency or the towing service, |
| 351 | whichever is in possession of the vehicle, shall determine |
| 352 | whether any vehicle impounded or immobilized under this section |
| 353 | has been leased or rented or if there are any persons of record |
| 354 | with a lien upon the vehicle. Either the arresting agency or the |
| 355 | towing service, whichever is in possession of the vehicle, shall |
| 356 | notify by express courier service with receipt or certified |
| 357 | mail, return receipt requested, within 7 business days after the |
| 358 | date of the immobilization or impoundment of the vehicle, the |
| 359 | registered owner and all persons having a recorded lien against |
| 360 | the vehicle that the vehicle has been impounded or immobilized. |
| 361 | A lessor, rental car company, or lienholder may then obtain the |
| 362 | vehicle, upon payment of any lawful towing or storage charges. |
| 363 | If the vehicle is a rental vehicle subject to a written |
| 364 | contract, the charges may be separately charged to the renter, |
| 365 | in addition to the rental rate, along with other separate fees, |
| 366 | charges, and recoupments disclosed on the rental agreement. If |
| 367 | the storage facility fails to provide timely notice to a lessor, |
| 368 | rental car company, or lienholder as required by this paragraph, |
| 369 | the storage facility shall be responsible for payment of any |
| 370 | towing or storage charges necessary to release the vehicle to a |
| 371 | lessor, rental car company, or lienholder that accrue after the |
| 372 | notice period, which charges may then be assessed against the |
| 373 | driver of the vehicle if the vehicle was lawfully impounded or |
| 374 | immobilized. |
| 375 | (e) Except as provided in paragraph (d), the vehicle shall |
| 376 | remain impounded or immobilized for any period imposed by the |
| 377 | court until: |
| 378 | 1. The owner presents proof of insurance to the arresting |
| 379 | agency; or |
| 380 | 2. The owner presents proof of sale of the vehicle to the |
| 381 | arresting agency and the buyer presents proof of insurance to |
| 382 | the arresting agency. |
| 383 |
|
| 384 | If proof is not presented within 35 days after the impoundment |
| 385 | or immobilization, a lien shall be placed upon such vehicle |
| 386 | pursuant to s. 713.78. |
| 387 | (f) The owner of a vehicle that is impounded or |
| 388 | immobilized under this subsection may, within 10 days after the |
| 389 | date the owner has knowledge of the location of the vehicle, |
| 390 | file a complaint in the county in which the owner resides to |
| 391 | determine whether the vehicle was wrongfully taken or withheld. |
| 392 | Upon the filing of a complaint, the owner may have the vehicle |
| 393 | released by posting with the court a bond or other adequate |
| 394 | security equal to the amount of the costs and fees for |
| 395 | impoundment or immobilization, including towing or storage, to |
| 396 | ensure the payment of such costs and fees if the owner does not |
| 397 | prevail. When the vehicle owner does not prevail on a complaint |
| 398 | that the vehicle was wrongfully taken or withheld, he or she |
| 399 | must pay the accrued charges for the immobilization or |
| 400 | impoundment, including any towing and storage charges assessed |
| 401 | against the vehicle. When the bond is posted and the fee is paid |
| 402 | as set forth in s. 28.24, the clerk of the court shall issue a |
| 403 | certificate releasing the vehicle. At the time of release, after |
| 404 | reasonable inspection, the owner must give a receipt to the |
| 405 | towing or storage company indicating any loss or damage to the |
| 406 | vehicle or to the contents of the vehicle. |
| 407 | (11) Any owner or lessee of a motor vehicle who knowingly |
| 408 | allows, permits, or authorizes a person whose driver's license |
| 409 | or driving privilege has been canceled, suspended, revoked, or |
| 410 | disqualified to drive the motor vehicle upon the streets or |
| 411 | highways of this state or knowingly gives, leases, lends, or |
| 412 | otherwise provides the motor vehicle to a person whose driver's |
| 413 | license or driving privilege has been canceled, suspended, |
| 414 | revoked, or disqualified while such license or privilege is |
| 415 | canceled, suspended, revoked, or disqualified commits a |
| 416 | misdemeanor of the second degree, punishable as provided in s. |
| 417 | 775.082 or s. 775.083. The element of knowledge is satisfied if |
| 418 | the owner or lessee has been previously charged under this |
| 419 | subsection for providing a motor vehicle to the same person; the |
| 420 | owner admits to knowledge of the cancellation, suspension, |
| 421 | revocation, or disqualification of the driver's license or |
| 422 | driving privilege of the driver; or the owner received notice as |
| 423 | provided in subsection (8) relating to the same driver. |
| 424 | Section 4. The Department of Highway Safety and Motor |
| 425 | Vehicles shall inform the motoring public of the changes to s. |
| 426 | 322.34, Florida Statutes, made by this act relating to |
| 427 | impoundment or immobilization of a motor vehicle being driven by |
| 428 | a person whose driver license is canceled, suspended, revoked, |
| 429 | or disqualified and shall provide such information in newly |
| 430 | printed driver license educational materials after July 1, 2009, |
| 431 | and in public service announcements produced in cooperation with |
| 432 | the Florida Highway Patrol. |
| 433 | Section 5. During the period from July 1, 2009, to July 1, |
| 434 | 2010, the Department of Highway Safety and Motor Vehicles shall |
| 435 | notify by mail persons whose driver license or driving privilege |
| 436 | has been canceled, suspended, revoked, or disqualified of the |
| 437 | changes to s. 322.34, Florida Statutes, made by this act |
| 438 | relating to impoundment or immobilization of a motor vehicle |
| 439 | being driven by such person; however, failure to receive such |
| 440 | notification does not preclude, bar, or otherwise affect the |
| 441 | impoundment or immobilization of a motor vehicle under s. |
| 442 | 322.34, Florida Statutes. |
| 443 | Section 6. Except as otherwise expressly provided in this |
| 444 | act, this act shall take effect July 1, 2009. |