| 1 | A bill to be entitled |
| 2 | An act relating to driving with a license that is |
| 3 | canceled, suspended, or revoked; creating the "Saving |
| 4 | Lives Through Safer Roadways Act"; amending s. 322.34, |
| 5 | F.S.; requiring a law enforcement officer to impound or |
| 6 | immobilize a motor vehicle upon the issuance of a citation |
| 7 | to or arrest of a person for the offense of driving while |
| 8 | the person's driver's license or driving privilege is |
| 9 | canceled, suspended, or revoked; removing certain |
| 10 | conditions for impoundment or immobilization of a vehicle; |
| 11 | revising procedures and conditions for release of the |
| 12 | vehicle; revising provisions to clarify applicability of |
| 13 | penalties; providing an effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. This act may be cited as the "Saving Lives |
| 18 | Through Safer Roadways Act." |
| 19 | Section 2. Section 322.34, Florida Statutes, is amended to |
| 20 | read: |
| 21 | 322.34 Driving while license suspended, revoked, canceled, |
| 22 | or disqualified.- |
| 23 | (1) Except as provided in subsection (2), any person whose |
| 24 | driver's license or driving privilege has been canceled, |
| 25 | suspended, or revoked, except a "habitual traffic offender" as |
| 26 | defined in s. 322.264, who drives a vehicle upon the highways of |
| 27 | this state while the such license or privilege is canceled, |
| 28 | suspended, or revoked commits is guilty of a moving violation, |
| 29 | punishable as provided in chapter 318. |
| 30 | (2) Except as provided in subsection (10), any person |
| 31 | whose driver's license or driving privilege has been canceled, |
| 32 | suspended, or revoked as provided by law, except persons defined |
| 33 | in s. 322.264, who, knowing of such cancellation, suspension, or |
| 34 | revocation, drives any motor vehicle upon the highways of this |
| 35 | state while the such license or privilege is canceled, |
| 36 | suspended, or revoked, upon: |
| 37 | (a) A first conviction is guilty of a misdemeanor of the |
| 38 | second degree, punishable as provided in s. 775.082 or s. |
| 39 | 775.083. |
| 40 | (b) A second conviction is guilty of a misdemeanor of the |
| 41 | first degree, punishable as provided in s. 775.082 or s. |
| 42 | 775.083. |
| 43 | (c) A third or subsequent conviction is guilty of a felony |
| 44 | of the third degree, punishable as provided in s. 775.082, s. |
| 45 | 775.083, or s. 775.084. |
| 46 |
|
| 47 | The element of knowledge is satisfied if the person has been |
| 48 | previously cited as provided in subsection (1); or the person |
| 49 | admits to knowledge of the cancellation, suspension, or |
| 50 | revocation; or the person received notice as provided in |
| 51 | subsection (4). There is shall be a rebuttable presumption that |
| 52 | the knowledge requirement is satisfied if a judgment or order as |
| 53 | provided in subsection (4) appears in the department's records |
| 54 | for any case except for one involving a suspension by the |
| 55 | department for failure to pay a traffic fine or for a financial |
| 56 | responsibility violation. |
| 57 | (3) In any proceeding for a violation of this section, a |
| 58 | court may consider evidence, other than that specified in |
| 59 | subsection (2), that the person knowingly violated this section. |
| 60 | (4) Any judgment or order rendered by a court or |
| 61 | adjudicatory body or any uniform traffic citation that cancels, |
| 62 | suspends, or revokes a person's driver's license must contain a |
| 63 | provision notifying the person that his or her driver's license |
| 64 | has been canceled, suspended, or revoked. |
| 65 | (5) Except as provided in subsection (10), any person |
| 66 | whose driver's license has been revoked pursuant to s. 322.264 |
| 67 | (habitual offender) and who drives any motor vehicle upon the |
| 68 | highways of this state while the such license is revoked commits |
| 69 | is guilty of a felony of the third degree, punishable as |
| 70 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 71 | (6) Any person who operates a motor vehicle: |
| 72 | (a) Without having a driver's license as required under s. |
| 73 | 322.03; or |
| 74 | (b) While his or her driver's license or driving privilege |
| 75 | is canceled, suspended, or revoked pursuant to s. 316.655, s. |
| 76 | 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), |
| 77 |
|
| 78 | and who by careless or negligent operation of the motor vehicle |
| 79 | causes the death of or serious bodily injury to another human |
| 80 | being commits is guilty of a felony of the third degree, |
| 81 | punishable as provided in s. 775.082 or s. 775.083. |
| 82 | (7) Any person whose driver's license or driving privilege |
| 83 | has been canceled, suspended, revoked, or disqualified and who |
| 84 | drives a commercial motor vehicle on the highways of this state |
| 85 | while the such license or privilege is canceled, suspended, |
| 86 | revoked, or disqualified, upon: |
| 87 | (a) A first conviction is guilty of a misdemeanor of the |
| 88 | first degree, punishable as provided in s. 775.082 or s. |
| 89 | 775.083. |
| 90 | (b) A second or subsequent conviction is guilty of a |
| 91 | felony of the third degree, punishable as provided in s. |
| 92 | 775.082, s. 775.083, or s. 775.084. |
| 93 | (8)(a) Upon the issuance of a citation to or arrest of a |
| 94 | person for the offense of driving while the person's driver's |
| 95 | license or driving privilege is canceled, suspended, or revoked, |
| 96 | the law enforcement arresting officer shall determine: |
| 97 | 1. Whether the person's driver's license is suspended or |
| 98 | revoked. |
| 99 | 2. Whether the person's driver's license has remained |
| 100 | suspended or revoked since a conviction for the offense of |
| 101 | driving with a suspended or revoked license. |
| 102 | 3. Whether the suspension or revocation was made under s. |
| 103 | 316.646 or s. 627.733, relating to failure to maintain required |
| 104 | security, or under s. 322.264, relating to habitual traffic |
| 105 | offenders. |
| 106 | 4. Whether the driver is the registered owner or coowner |
| 107 | of the vehicle. |
| 108 | (b) If the arresting officer finds in the affirmative as |
| 109 | to all of the criteria in paragraph (a), the officer shall |
| 110 | immediately impound or immobilize the vehicle pursuant to the |
| 111 | law enforcement agency's impoundment or immobilization |
| 112 | procedures or contract with a towing service. |
| 113 | (b)(c) Within 10 7 business days after the date the |
| 114 | officer arresting agency impounds or immobilizes the vehicle, |
| 115 | either the law enforcement arresting agency or the towing |
| 116 | service, whichever is in possession of the vehicle, shall send |
| 117 | notice by certified mail to all registered any coregistered |
| 118 | owners of the vehicle other than the person who was cited or |
| 119 | arrested and to each person of record claiming a lien against |
| 120 | the vehicle. All costs and fees for the impoundment or |
| 121 | immobilization, including the cost of notification, must be paid |
| 122 | by the owner of the vehicle or, if the vehicle is leased, by the |
| 123 | person leasing the vehicle. |
| 124 | (c)(d) Either the law enforcement arresting agency or the |
| 125 | towing service, whichever is in possession of the vehicle, shall |
| 126 | determine whether any vehicle impounded or immobilized under |
| 127 | this section has been leased or rented or if there are any |
| 128 | persons of record with a lien upon the vehicle. Either the law |
| 129 | enforcement arresting agency or the towing service, whichever is |
| 130 | in possession of the vehicle, shall notify, by express courier |
| 131 | service with receipt or certified mail within 10 7 business days |
| 132 | after the date of the immobilization or impoundment of the |
| 133 | vehicle, the registered owner and all persons having a recorded |
| 134 | lien against the vehicle that the vehicle has been impounded or |
| 135 | immobilized. A lessor, rental car company, or lienholder may |
| 136 | then obtain the vehicle, upon payment of any lawful towing or |
| 137 | storage charges. If the vehicle is a rental vehicle subject to a |
| 138 | written contract, the charges may be separately charged to the |
| 139 | renter, in addition to the rental rate, along with other |
| 140 | separate fees, charges, and recoupments disclosed on the rental |
| 141 | agreement. If the storage facility fails to provide timely |
| 142 | notice to a lessor, rental car company, or lienholder as |
| 143 | required by this paragraph, the storage facility shall be |
| 144 | responsible for payment of any towing or storage charges |
| 145 | necessary to release the vehicle to a lessor, rental car |
| 146 | company, or lienholder that accrue after the notice period, |
| 147 | which charges may then be assessed against the driver of the |
| 148 | vehicle if the vehicle was lawfully impounded or immobilized. |
| 149 | (d)(e) Except as provided in paragraph (c) (d), the |
| 150 | vehicle shall remain impounded or immobilized for any period |
| 151 | imposed by the court until: |
| 152 | 1. The owner presents to the law enforcement agency proof |
| 153 | of a valid driver's license, ownership of the vehicle, and |
| 154 | insurance to the arresting agency; or |
| 155 | 2. The owner presents to the law enforcement agency proof |
| 156 | of sale of the vehicle to the arresting agency and the buyer |
| 157 | presents to the law enforcement agency proof of a valid driver's |
| 158 | license, ownership of the vehicle, and insurance to the |
| 159 | arresting agency. |
| 160 |
|
| 161 | If proof is not presented within 35 days after the impoundment |
| 162 | or immobilization, a lien shall be placed upon such vehicle |
| 163 | pursuant to s. 713.78. |
| 164 | (e)(f) The owner of a vehicle that is impounded or |
| 165 | immobilized under this subsection may, within 10 days after the |
| 166 | date the owner has knowledge of the location of the vehicle, |
| 167 | file a complaint in the county in which the owner resides to |
| 168 | determine whether the vehicle was wrongfully taken or withheld. |
| 169 | Upon the filing of a complaint, the owner or lienholder may have |
| 170 | the vehicle released by posting with the court a bond or other |
| 171 | adequate security equal to the amount of the costs and fees for |
| 172 | impoundment or immobilization, including towing or storage, to |
| 173 | ensure the payment of such costs and fees if the owner or |
| 174 | lienholder does not prevail. When the vehicle owner or |
| 175 | lienholder does not prevail on a complaint that the vehicle was |
| 176 | wrongfully taken or withheld, he or she must pay the accrued |
| 177 | charges for the immobilization or impoundment, including any |
| 178 | towing and storage charges assessed against the vehicle. When |
| 179 | the bond is posted and the fee is paid as set forth in s. 28.24, |
| 180 | the clerk of the court shall issue a certificate releasing the |
| 181 | vehicle. At the time of release, after reasonable inspection, |
| 182 | the owner must give a receipt to the towing or storage company |
| 183 | indicating any loss or damage to the vehicle or to the contents |
| 184 | of the vehicle. |
| 185 | (9)(a) A motor vehicle that is driven by a person under |
| 186 | the influence of alcohol or drugs in violation of s. 316.193 is |
| 187 | subject to seizure and forfeiture under ss. 932.701-932.706 and |
| 188 | is subject to liens for recovering, towing, or storing vehicles |
| 189 | under s. 713.78 if, at the time of the offense, the person's |
| 190 | driver's license is suspended, revoked, or canceled as a result |
| 191 | of a prior conviction for driving under the influence. |
| 192 | (b) The law enforcement officer shall notify the |
| 193 | Department of Highway Safety and Motor Vehicles of any |
| 194 | impoundment or seizure for violation of paragraph (a) in |
| 195 | accordance with procedures established by the department. |
| 196 | (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when |
| 197 | the seizing agency obtains a final judgment granting forfeiture |
| 198 | of the motor vehicle under this section, 30 percent of the net |
| 199 | proceeds from the sale of the motor vehicle shall be retained by |
| 200 | the seizing law enforcement agency and 70 percent shall be |
| 201 | deposited in the General Revenue Fund for use by regional |
| 202 | workforce boards in providing transportation services for |
| 203 | participants of the welfare transition program. In a forfeiture |
| 204 | proceeding under this section, the court may consider the extent |
| 205 | that the family of the owner has other public or private means |
| 206 | of transportation. |
| 207 | (10)(a) Notwithstanding any other provision of this |
| 208 | section, if a person does not have a prior forcible felony |
| 209 | conviction as defined in s. 776.08, the penalties provided in |
| 210 | paragraph (b) apply if a person's driver's license or driving |
| 211 | privilege is canceled, suspended, or revoked for: |
| 212 | 1. Failing to pay child support as provided in s. 322.245 |
| 213 | or s. 61.13016; |
| 214 | 2. Failing to pay any other financial obligation as |
| 215 | provided in s. 322.245 other than those specified in s. |
| 216 | 322.245(1); |
| 217 | 3. Failing to comply with a civil penalty required in s. |
| 218 | 318.15; |
| 219 | 4. Failing to maintain vehicular financial responsibility |
| 220 | as required by chapter 324; |
| 221 | 5. Failing to comply with attendance or other requirements |
| 222 | for minors as set forth in s. 322.091; or |
| 223 | 6. Having been designated a habitual traffic offender |
| 224 | under s. 322.264(1)(d) as a result of suspensions of his or her |
| 225 | driver's license or driver privilege for any underlying |
| 226 | violation listed in subparagraphs 1.-5. |
| 227 | (b)1. Upon a first conviction for knowingly driving while |
| 228 | his or her license is suspended, revoked, or canceled for any of |
| 229 | the underlying violations listed in subparagraphs (a)1.-6., a |
| 230 | person is guilty of commits a misdemeanor of the second degree, |
| 231 | punishable as provided in s. 775.082 or s. 775.083. |
| 232 | 2. Upon a second or subsequent conviction for the same |
| 233 | offense of knowingly driving while his or her license is |
| 234 | suspended, revoked, or canceled for any of the underlying |
| 235 | violations listed in subparagraphs (a)1.-6., a person is guilty |
| 236 | of commits a misdemeanor of the first degree, punishable as |
| 237 | provided in s. 775.082 or s. 775.083. |
| 238 | (c)(11)(a) A person who does not hold a commercial |
| 239 | driver's license and who is cited for an offense of knowingly |
| 240 | driving while his or her license is suspended, revoked, or |
| 241 | canceled for any of the underlying violations listed in |
| 242 | paragraph (10)(a) may, in lieu of payment of fine or court |
| 243 | appearance, elect to enter a plea of nolo contendere and provide |
| 244 | proof of compliance to the clerk of the court, designated |
| 245 | official, or authorized operator of a traffic violations bureau. |
| 246 | In such case, adjudication shall be withheld. However, no |
| 247 | election shall be made under this paragraph subsection if such |
| 248 | person has made an election under this paragraph subsection |
| 249 | during the preceding 12 months. A person may not make more than |
| 250 | three elections under this paragraph subsection. |
| 251 | (b) If adjudication is withheld under this paragraph (a), |
| 252 | such action is not a conviction. |
| 253 | Section 3. This act shall take effect January 1, 2012. |