Bill Text: FL H0161 | 2012 | Regular Session | Introduced

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Bill Title: Driving Without a Valid Driver License

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Transportation and Highway Safety Subcommittee [H0161 Detail]

Download: Florida-2012-H0161-Introduced.html

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HB 161

1	A bill to be entitled
2	An act relating to driving without a valid driver
3	license; amending s. 318.18, F.S.; providing an
4	additional fine for a violation of specified
5	provisions relating to driving with a canceled,
6	suspended, or revoked driver's license or driving
7	privilege; providing increased fine amounts for second
8	or subsequent violations; amending s. 318.21, F.S.;
9	providing for distribution of such fines collected;
10	amending s. 322.34, F.S.; revising penalties for
11	knowingly driving while the driver's license or
12	driving privilege is canceled, suspended, or revoked;
13	revising procedures for impoundment or immobilization
14	of the vehicle; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (22) is added to section 318.18,
19	Florida Statutes, to read:
20	318.18  Amount of penalties.-The penalties required for a
21	noncriminal disposition pursuant to s. 318.14 or a criminal
22	offense listed in s. 318.17 are as follows:
23	(22)  For a person knowingly driving any motor vehicle upon
24	the highways of this state while the person's driver's license
25	or privilege to drive is canceled, suspended, or revoked in
26	violation of s. 322.34(2), in addition to the fine under
27	paragraph (3)(a), upon:
28	(a)  A first offense, $100 before release of the vehicle
29	from immobilization or impoundment.
30	(b)  A second offense, $500 before release of the vehicle
31	from immobilization or impoundment.
32	(c)  A third or subsequent offense, $1,000 before release
33	of the vehicle from immobilization or impoundment.
34	Section 2.  Subsection (22) is added to section 318.21,
35	Florida Statutes, to read:
36	318.21  Disposition of civil penalties by county courts.-
37	All civil penalties received by a county court pursuant to the
38	provisions of this chapter shall be distributed and paid monthly
39	as follows:
40	(22)  Notwithstanding subsections (1) and (2), the proceeds
41	from the penalties imposed pursuant to s. 318.18(22) shall be
42	distributed as follows:
43	(a)  For violations committed within a municipality, 40
44	percent shall be distributed to the municipality, 40 percent
45	shall be distributed to the county, and 20 percent shall be
46	distributed to the agency or company that towed and stored the
47	vehicle.
48	(b)  For violations committed outside a municipality, 80
49	percent shall be distributed to the county and 20 percent shall
50	be distributed to the agency or company that towed and stored
51	the vehicle.
52	Section 3.  Section 322.34, Florida Statutes, is amended to
53	read:
54	322.34  Driving while license suspended, revoked, canceled,
55	or disqualified.-
56	(1)  Except as provided in subsection (2), Any person whose
57	driver's license or driving privilege has been canceled,
58	suspended, or revoked, except a "habitual traffic offender" as
59	defined in s. 322.264, who drives a vehicle upon the highways of
60	this state while such license or privilege is canceled,
61	suspended, or revoked commits is guilty of a moving violation,
62	punishable as provided in chapter 318.
63	(2)  Any person whose driver's license or driving privilege
64	has been canceled, suspended, or revoked as provided by law,
65	except a habitual traffic offender as persons defined in s.
66	322.264, who, knowing of such cancellation, suspension, or
67	revocation, drives any motor vehicle upon the highways of this
68	state while such license or privilege is canceled, suspended, or
69	revoked commits a moving violation, punishable as provided in
70	chapter 318, and the motor vehicle being driven at the time of
71	the offense shall be immediately immobilized or impounded.,
72	upon:
73	(a)  A first conviction is guilty of a misdemeanor of the
74	second degree, punishable as provided in s. 775.082 or s.
75	775.083.
76	(b)  A second conviction is guilty of a misdemeanor of the
77	first degree, punishable as provided in s. 775.082 or s.
78	775.083.
79	(c)  A third or subsequent conviction is guilty of a felony
80	of the third degree, punishable as provided in s. 775.082, s.
81	775.083, or s. 775.084.
82
83	The element of knowledge is satisfied if the person has been
84	previously cited as provided in subsection (1); or the person
85	admits to knowledge of the cancellation, suspension, or
86	revocation; or the person received notice as provided in
87	subsection (4). There shall be a rebuttable presumption that the
88	knowledge requirement is satisfied if a judgment or order as
89	provided in subsection (4) appears in the department's records
90	for any case except for one involving a suspension by the
91	department for failure to pay a traffic fine or for a financial
92	responsibility violation.
93	(3)  In any proceeding for a violation of this section, a
94	court may consider evidence, other than that specified in
95	subsection (2), that the person knowingly violated this section.
96	(4)  Any judgment or order rendered by a court or
97	adjudicatory body or any uniform traffic citation that cancels,
98	suspends, or revokes a person's driver's license must contain a
99	provision notifying the person that his or her driver's license
100	has been canceled, suspended, or revoked.
101	(5)  Any person whose driver's license has been revoked
102	pursuant to s. 322.264 as a (habitual traffic offender) and who
103	drives any motor vehicle upon the highways of this state while
104	such license is revoked commits is guilty of a felony of the
105	third degree, punishable as provided in s. 775.082, s. 775.083,
106	or s. 775.084.
107	(6)  Any person who operates a motor vehicle:
108	(a)  Without having a driver's license as required under s.
109	322.03; or
110	(b)  While his or her driver's license or driving privilege
111	is canceled, suspended, or revoked pursuant to s. 316.655, s.
112	322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
113
114	and who by careless or negligent operation of the motor vehicle
115	causes the death of or serious bodily injury to another human
116	being commits is guilty of a felony of the third degree,
117	punishable as provided in s. 775.082 or s. 775.083.
118	(7)  Any person whose driver's license or driving privilege
119	has been canceled, suspended, revoked, or disqualified and who
120	drives a commercial motor vehicle on the highways of this state
121	while such license or privilege is canceled, suspended, revoked,
122	or disqualified, upon:
123	(a)  A first conviction is guilty of a misdemeanor of the
124	first degree, punishable as provided in s. 775.082 or s.
125	775.083.
126	(b)  A second or subsequent conviction is guilty of a
127	felony of the third degree, punishable as provided in s.
128	775.082, s. 775.083, or s. 775.084.
129	(8)(a)  Upon issuing a citation to the arrest of a person
130	for a violation of subsection (2), knowingly the offense of
131	driving while the person's driver's license or driving privilege
132	is suspended or revoked, the law enforcement arresting officer
133	shall immediately impound or immobilize the vehicle. determine:
134	1.  Whether the person's driver's license is suspended or
135	revoked.
136	2.  Whether the person's driver's license has remained
137	suspended or revoked since a conviction for the offense of
138	driving with a suspended or revoked license.
139	3.  Whether the suspension or revocation was made under s.
140	316.646 or s. 627.733, relating to failure to maintain required
141	security, or under s. 322.264, relating to habitual traffic
142	offenders.
143	4.  Whether the driver is the registered owner or coowner
144	of the vehicle.
145	(b)  If the arresting officer finds in the affirmative as
146	to all of the criteria in paragraph (a), the officer shall
147	immediately impound or immobilize the vehicle.
148	(b)(c)  Within 7 business days after the date the vehicle
149	is impounded or immobilized arresting agency impounds or
150	immobilizes the vehicle, either the law enforcement arresting
151	agency or the towing service, whichever is in possession of the
152	vehicle, shall send notice by certified mail to any coregistered
153	owners of the vehicle other than the person who was cited
154	arrested and to each person of record claiming a lien against
155	the vehicle. All costs and fees for the impoundment or
156	immobilization, including the cost of notification, must be paid
157	by the owner of the vehicle or, if the vehicle is leased, by the
158	person leasing the vehicle.
159	(c)(d)  Either the law enforcement arresting agency or the
160	towing service, whichever is in possession of the vehicle, shall
161	determine whether any vehicle impounded or immobilized under
162	this section has been leased or rented or if there are any
163	persons of record with a lien upon the vehicle. Either the law
164	enforcement arresting agency or the towing service, whichever is
165	in possession of the vehicle, shall notify by express courier
166	service with receipt or certified mail within 7 business days
167	after the date of the immobilization or impoundment of the
168	vehicle, the registered owner and all persons having a recorded
169	lien against the vehicle that the vehicle has been impounded or
170	immobilized. A lessor, rental car company, or lienholder may
171	then obtain the vehicle, upon payment of any lawful towing or
172	storage charges. If the vehicle is a rental vehicle subject to a
173	written contract, the charges may be separately charged to the
174	renter, in addition to the rental rate, along with other
175	separate fees, charges, and recoupments disclosed on the rental
176	agreement. If the storage facility fails to provide timely
177	notice to a lessor, rental car company, or lienholder as
178	required by this paragraph, the storage facility shall be
179	responsible for payment of any towing or storage charges
180	necessary to release the vehicle to a lessor, rental car
181	company, or lienholder that accrue after the notice period,
182	which charges may then be assessed against the driver of the
183	vehicle if the vehicle was lawfully impounded or immobilized.
184	(d)(e)  Except as provided in paragraph (c) (d), the
185	vehicle shall remain impounded or immobilized for any period
186	imposed by the court until payment of the applicable amount
187	required under s. 318.18 and:
188	1.  The person retrieving the vehicle owner presents to the
189	law enforcement agency proof of a valid driver's license, proof
190	of ownership of the vehicle or written consent by the owner
191	authorizing release to the person, and proof of insurance to the
192	arresting agency; or
193	2.  The owner presents to the law enforcement agency proof
194	of sale of the vehicle to the arresting agency and the buyer
195	presents proof of insurance to the arresting agency.
196
197	If proof is not presented within 35 days after the impoundment
198	or immobilization, a lien shall be placed upon such vehicle
199	pursuant to s. 713.78.
200	(e)(f)  The owner of a vehicle that is impounded or
201	immobilized under this subsection may, within 10 days after the
202	date the owner has knowledge of the location of the vehicle,
203	file a complaint in the county in which the owner resides to
204	determine whether the vehicle was wrongfully taken or withheld.
205	Upon the filing of a complaint, the owner or lienholder may have
206	the vehicle released by posting with the court a bond or other
207	adequate security equal to the amount of the costs and fees for
208	impoundment or immobilization, including towing or storage, to
209	ensure the payment of such costs and fees if the owner or
210	lienholder does not prevail. When the vehicle owner or
211	lienholder does not prevail on a complaint that the vehicle was
212	wrongfully taken or withheld, he or she must pay the accrued
213	charges for the immobilization or impoundment, including any
214	towing and storage charges assessed against the vehicle. When
215	the bond is posted and the fee is paid as set forth in s. 28.24,
216	the clerk of the court shall issue a certificate releasing the
217	vehicle. At the time of release, after reasonable inspection,
218	the owner must give a receipt to the towing or storage company
219	indicating any loss or damage to the vehicle or to the contents
220	of the vehicle.
221	(9)(a)  A motor vehicle that is driven by a person under
222	the influence of alcohol or drugs in violation of s. 316.193 is
223	subject to seizure and forfeiture under ss. 932.701-932.706 and
224	is subject to liens for recovering, towing, or storing vehicles
225	under s. 713.78 if, at the time of the offense, the person's
226	driver's license is suspended, revoked, or canceled as a result
227	of a prior conviction for driving under the influence.
228	(b)  The law enforcement officer shall notify the
229	Department of Highway Safety and Motor Vehicles of any
230	impoundment or seizure for violation of paragraph (a) in
231	accordance with procedures established by the department.
232	(c)  Notwithstanding s. 932.703(1)(c) or s. 932.7055, when
233	the seizing agency obtains a final judgment granting forfeiture
234	of the motor vehicle under this section, 30 percent of the net
235	proceeds from the sale of the motor vehicle shall be retained by
236	the seizing law enforcement agency and 70 percent shall be
237	deposited in the General Revenue Fund for use by regional
238	workforce boards in providing transportation services for
239	participants of the welfare transition program. In a forfeiture
240	proceeding under this section, the court may consider the extent
241	that the family of the owner has other public or private means
242	of transportation.
243	(10)(a)  Notwithstanding any other provision of this
244	section, if a person does not have a prior forcible felony
245	conviction as defined in s. 776.08, the procedures penalties
246	provided in paragraph (b) apply if a person's driver's license
247	or driving privilege is canceled, suspended, or revoked for:
248	1.  Failing to pay child support as provided in s. 322.245
249	or s. 61.13016;
250	2.  Failing to pay any other financial obligation as
251	provided in s. 322.245 other than those specified in s.
252	322.245(1);
253	3.  Failing to comply with a civil penalty required in s.
254	318.15;
255	4.  Failing to maintain vehicular financial responsibility
256	as required by chapter 324;
257	5.  Failing to comply with attendance or other requirements
258	for minors as set forth in s. 322.091; or
259	6.  Having been designated a habitual traffic offender
260	under s. 322.264(1)(d) as a result of suspensions of his or her
261	driver's license or driver privilege for any underlying
262	violation listed in subparagraphs 1.-5.
263	(b)1.  Upon a first conviction for knowingly driving while
264	his or her license is suspended, revoked, or canceled for any of
265	the underlying violations listed in subparagraphs (a)1.-6., a
266	person commits a misdemeanor of the second degree, punishable as
267	provided in s. 775.082 or s. 775.083.
268	2.  Upon a second or subsequent conviction for the same
269	offense of knowingly driving while his or her license is
270	suspended, revoked, or canceled for any of the underlying
271	violations listed in subparagraphs (a)1.-6., a person commits a
272	misdemeanor of the first degree, punishable as provided in s.
273	775.082 or s. 775.083.
274	(b)(11)(a)  A person who does not hold a commercial
275	driver's license and who is cited for an offense of knowingly
276	driving while his or her license is suspended, revoked, or
277	canceled for any of the underlying violations listed in
278	paragraph (10)(a) may, in lieu of payment of fine or court
279	appearance, elect to enter a plea of nolo contendere and provide
280	proof of compliance to the clerk of the court, designated
281	official, or authorized operator of a traffic violations bureau.
282	In such case, adjudication shall be withheld and the clerk of
283	the court, designated official, or authorized operator of a
284	traffic violations bureau shall issue a certificate releasing
285	the vehicle upon payment of the cost of towing and storing the
286	vehicle. However, no election shall be made under this
287	subsection if such person has made an election under this
288	subsection during the preceding 12 months. A person may not make
289	more than three elections under this subsection.
290	(c)(b)  If adjudication is withheld under paragraph (b)
291	(a), such action is not a conviction.
292	Section 4.  This act shall take effect January 1, 2013.

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