HB 181

A bill to be entitled
2An act relating to driving without a valid driver license;
3amending s. 318.18, F.S.; providing an additional fine for
4a violation of specified provisions relating to driving
5with a canceled, suspended, or revoked driver's license or
6driving privilege; providing increased fine amounts for
7second or subsequent violations; amending s. 318.21, F.S.;
8providing for distribution of such fines collected;
9amending s. 322.34, F.S.; revising penalties for knowingly
10driving while the driver's license or driving privilege is
11canceled, suspended, or revoked; revising procedures for
12impoundment or immobilization of the vehicle; providing an
13effective date.
15Be It Enacted by the Legislature of the State of Florida:
17     Section 1.  Subsection (22) is added to section 318.18,
18Florida Statutes, to read:
19     318.18  Amount of penalties.-The penalties required for a
20noncriminal disposition pursuant to s. 318.14 or a criminal
21offense listed in s. 318.17 are as follows:
22     (22)  For a person knowingly driving any motor vehicle upon
23the highways of this state while the person's license or
24privilege to drive is canceled, suspended, or revoked in
25violation of s. 322.34(2), in addition to the fine under
26paragraph (3)(a), upon:
27     (a)  A first offense, $500 before release of the vehicle
28from immobilization or impoundment.
29     (b)  A second offense, $1,000 before release of the vehicle
30from immobilization or impoundment.
31     (c)  A third or subsequent offense, $1,500 before release
32of the vehicle from immobilization or impoundment.
33     Section 2.  Subsection (22) is added to section 318.21,
34Florida Statutes, to read:
35     318.21  Disposition of civil penalties by county courts.-
36All civil penalties received by a county court pursuant to the
37provisions of this chapter shall be distributed and paid monthly
38as follows:
39     (22)  Notwithstanding subsections (1) and (2), the proceeds
40from the penalties imposed pursuant to s. 318.18(22) shall be
41distributed as follows:
42     (a)  For violations committed within a municipality, 40
43percent shall be distributed to the municipality, 40 percent
44shall be distributed to the county, and 20 percent shall be
45distributed to the agency or company that towed and stored the
47     (b)  For violations committed outside a municipality, 80
48percent shall be distributed to the county and 20 percent shall
49be distributed to the agency or company that towed and stored
50the vehicle.
51     Section 3.  Section 322.34, Florida Statutes, is amended to
53     322.34  Driving while license suspended, revoked, canceled,
54or disqualified.-
55     (1)  Except as provided in subsection (2), Any person whose
56driver's license or driving privilege has been canceled,
57suspended, or revoked, except a "habitual traffic offender" as
58defined in s. 322.264, who drives a vehicle upon the highways of
59this state while such license or privilege is canceled,
60suspended, or revoked commits is guilty of a moving violation,
61punishable as provided in chapter 318.
62     (2)  Any person whose driver's license or driving privilege
63has been canceled, suspended, or revoked as provided by law,
64except a habitual traffic offender as persons defined in s.
65322.264, who, knowing of such cancellation, suspension, or
66revocation, drives any motor vehicle upon the highways of this
67state while such license or privilege is canceled, suspended, or
68revoked commits a moving violation, punishable as provided in
69chapter 318, and the motor vehicle being driven at the time of
70the offense shall be immediately immobilized or impounded.,
72     (a)  A first conviction is guilty of a misdemeanor of the
73second degree, punishable as provided in s. 775.082 or s.
75     (b)  A second conviction is guilty of a misdemeanor of the
76first degree, punishable as provided in s. 775.082 or s.
78     (c)  A third or subsequent conviction is guilty of a felony
79of the third degree, punishable as provided in s. 775.082, s.
80775.083, or s. 775.084.
82The element of knowledge is satisfied if the person has been
83previously cited as provided in subsection (1); or the person
84admits to knowledge of the cancellation, suspension, or
85revocation; or the person received notice as provided in
86subsection (4). There shall be a rebuttable presumption that the
87knowledge requirement is satisfied if a judgment or order as
88provided in subsection (4) appears in the department's records
89for any case except for one involving a suspension by the
90department for failure to pay a traffic fine or for a financial
91responsibility violation.
92     (3)  In any proceeding for a violation of this section, a
93court may consider evidence, other than that specified in
94subsection (2), that the person knowingly violated this section.
95     (4)  Any judgment or order rendered by a court or
96adjudicatory body or any uniform traffic citation that cancels,
97suspends, or revokes a person's driver's license must contain a
98provision notifying the person that his or her driver's license
99has been canceled, suspended, or revoked.
100     (5)  Any person whose driver's license has been revoked
101pursuant to s. 322.264 as a (habitual traffic offender) and who
102drives any motor vehicle upon the highways of this state while
103such license is revoked commits is guilty of a felony of the
104third degree, punishable as provided in s. 775.082, s. 775.083,
105or s. 775.084.
106     (6)  Any person who operates a motor vehicle:
107     (a)  Without having a driver's license as required under s.
108322.03; or
109     (b)  While his or her driver's license or driving privilege
110is canceled, suspended, or revoked pursuant to s. 316.655, s.
111322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
113and who by careless or negligent operation of the motor vehicle
114causes the death of or serious bodily injury to another human
115being commits is guilty of a felony of the third degree,
116punishable as provided in s. 775.082 or s. 775.083.
117     (7)  Any person whose driver's license or driving privilege
118has been canceled, suspended, revoked, or disqualified and who
119drives a commercial motor vehicle on the highways of this state
120while such license or privilege is canceled, suspended, revoked,
121or disqualified, upon:
122     (a)  A first conviction is guilty of a misdemeanor of the
123first degree, punishable as provided in s. 775.082 or s.
125     (b)  A second or subsequent conviction is guilty of a
126felony of the third degree, punishable as provided in s.
127775.082, s. 775.083, or s. 775.084.
128     (8)(a)  Upon issuing a citation to the arrest of a person
129for a violation of subsection (2), knowingly the offense of
130driving while the person's driver's license or driving privilege
131is suspended or revoked, the law enforcement arresting officer
132shall immediately impound or immobilize the vehicle. determine:
133     1.  Whether the person's driver's license is suspended or
135     2.  Whether the person's driver's license has remained
136suspended or revoked since a conviction for the offense of
137driving with a suspended or revoked license.
138     3.  Whether the suspension or revocation was made under s.
139316.646 or s. 627.733, relating to failure to maintain required
140security, or under s. 322.264, relating to habitual traffic
142     4.  Whether the driver is the registered owner or coowner
143of the vehicle.
144     (b)  If the arresting officer finds in the affirmative as
145to all of the criteria in paragraph (a), the officer shall
146immediately impound or immobilize the vehicle.
147     (b)(c)  Within 7 business days after the date the vehicle
148is impounded or immobilized arresting agency impounds or
149immobilizes the vehicle, either the law enforcement arresting
150agency or the towing service, whichever is in possession of the
151vehicle, shall send notice by certified mail to any coregistered
152owners of the vehicle other than the person who was cited
153arrested and to each person of record claiming a lien against
154the vehicle. All costs and fees for the impoundment or
155immobilization, including the cost of notification, must be paid
156by the owner of the vehicle or, if the vehicle is leased, by the
157person leasing the vehicle.
158     (c)(d)  Either the law enforcement arresting agency or the
159towing service, whichever is in possession of the vehicle, shall
160determine whether any vehicle impounded or immobilized under
161this section has been leased or rented or if there are any
162persons of record with a lien upon the vehicle. Either the law
163enforcement arresting agency or the towing service, whichever is
164in possession of the vehicle, shall notify by express courier
165service with receipt or certified mail within 7 business days
166after the date of the immobilization or impoundment of the
167vehicle, the registered owner and all persons having a recorded
168lien against the vehicle that the vehicle has been impounded or
169immobilized. A lessor, rental car company, or lienholder may
170then obtain the vehicle, upon payment of any lawful towing or
171storage charges. If the vehicle is a rental vehicle subject to a
172written contract, the charges may be separately charged to the
173renter, in addition to the rental rate, along with other
174separate fees, charges, and recoupments disclosed on the rental
175agreement. If the storage facility fails to provide timely
176notice to a lessor, rental car company, or lienholder as
177required by this paragraph, the storage facility shall be
178responsible for payment of any towing or storage charges
179necessary to release the vehicle to a lessor, rental car
180company, or lienholder that accrue after the notice period,
181which charges may then be assessed against the driver of the
182vehicle if the vehicle was lawfully impounded or immobilized.
183     (d)(e)  Except as provided in paragraph (c) (d), the
184vehicle shall remain impounded or immobilized for any period
185imposed by the court until payment of the applicable amount
186required under s. 318.18 and:
187     1.  The person retrieving the vehicle owner presents to the
188law enforcement agency proof of a valid driver's license, proof
189of ownership of the vehicle or written consent by the owner
190authorizing release to the person, and proof of insurance to the
191arresting agency; or
192     2.  The owner presents to the law enforcement agency proof
193of sale of the vehicle to the arresting agency and the buyer
194presents proof of insurance to the arresting agency.
196If proof is not presented within 35 days after the impoundment
197or immobilization, a lien shall be placed upon such vehicle
198pursuant to s. 713.78.
199     (e)(f)  The owner of a vehicle that is impounded or
200immobilized under this subsection may, within 10 days after the
201date the owner has knowledge of the location of the vehicle,
202file a complaint in the county in which the owner resides to
203determine whether the vehicle was wrongfully taken or withheld.
204Upon the filing of a complaint, the owner or lienholder may have
205the vehicle released by posting with the court a bond or other
206adequate security equal to the amount of the costs and fees for
207impoundment or immobilization, including towing or storage, to
208ensure the payment of such costs and fees if the owner or
209lienholder does not prevail. When the vehicle owner or
210lienholder does not prevail on a complaint that the vehicle was
211wrongfully taken or withheld, he or she must pay the accrued
212charges for the immobilization or impoundment, including any
213towing and storage charges assessed against the vehicle. When
214the bond is posted and the fee is paid as set forth in s. 28.24,
215the clerk of the court shall issue a certificate releasing the
216vehicle. At the time of release, after reasonable inspection,
217the owner must give a receipt to the towing or storage company
218indicating any loss or damage to the vehicle or to the contents
219of the vehicle.
220     (9)(a)  A motor vehicle that is driven by a person under
221the influence of alcohol or drugs in violation of s. 316.193 is
222subject to seizure and forfeiture under ss. 932.701-932.706 and
223is subject to liens for recovering, towing, or storing vehicles
224under s. 713.78 if, at the time of the offense, the person's
225driver's license is suspended, revoked, or canceled as a result
226of a prior conviction for driving under the influence.
227     (b)  The law enforcement officer shall notify the
228Department of Highway Safety and Motor Vehicles of any
229impoundment or seizure for violation of paragraph (a) in
230accordance with procedures established by the department.
231     (c)  Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
232the seizing agency obtains a final judgment granting forfeiture
233of the motor vehicle under this section, 30 percent of the net
234proceeds from the sale of the motor vehicle shall be retained by
235the seizing law enforcement agency and 70 percent shall be
236deposited in the General Revenue Fund for use by regional
237workforce boards in providing transportation services for
238participants of the welfare transition program. In a forfeiture
239proceeding under this section, the court may consider the extent
240that the family of the owner has other public or private means
241of transportation.
242     (10)(a)  Notwithstanding any other provision of this
243section, if a person does not have a prior forcible felony
244conviction as defined in s. 776.08, the procedures penalties
245provided in paragraph (b) apply if a person's driver's license
246or driving privilege is canceled, suspended, or revoked for:
247     1.  Failing to pay child support as provided in s. 322.245
248or s. 61.13016;
249     2.  Failing to pay any other financial obligation as
250provided in s. 322.245 other than those specified in s.
252     3.  Failing to comply with a civil penalty required in s.
254     4.  Failing to maintain vehicular financial responsibility
255as required by chapter 324;
256     5.  Failing to comply with attendance or other requirements
257for minors as set forth in s. 322.091; or
258     6.  Having been designated a habitual traffic offender
259under s. 322.264(1)(d) as a result of suspensions of his or her
260driver's license or driver privilege for any underlying
261violation listed in subparagraphs 1.-5.
262     (b)1.  Upon a first conviction for knowingly driving while
263his or her license is suspended, revoked, or canceled for any of
264the underlying violations listed in subparagraphs (a)1.-6., a
265person commits a misdemeanor of the second degree, punishable as
266provided in s. 775.082 or s. 775.083.
267     2.  Upon a second or subsequent conviction for the same
268offense of knowingly driving while his or her license is
269suspended, revoked, or canceled for any of the underlying
270violations listed in subparagraphs (a)1.-6., a person commits a
271misdemeanor of the first degree, punishable as provided in s.
272775.082 or s. 775.083.
273     (b)(11)(a)  A person who does not hold a commercial
274driver's license and who is cited for an offense of knowingly
275driving while his or her license is suspended, revoked, or
276canceled for any of the underlying violations listed in
277paragraph (10)(a) may, in lieu of payment of fine or court
278appearance, elect to enter a plea of nolo contendere and provide
279proof of compliance to the clerk of the court, designated
280official, or authorized operator of a traffic violations bureau.
281In such case, adjudication shall be withheld and the clerk of
282the court, designated official, or authorized operator of a
283traffic violations bureau shall issue a certificate releasing
284the vehicle upon payment of the cost of towing and storing the
285vehicle. However, no election shall be made under this
286subsection if such person has made an election under this
287subsection during the preceding 12 months. A person may not make
288more than three elections under this subsection.
289     (c)(b)  If adjudication is withheld under paragraph (b)
290(a), such action is not a conviction.
291     Section 4.  This act shall take effect January 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.