Bill Text: FL H0295 | 2011 | Regular Session | Introduced

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Bill Title: Driver's License Canceled, Suspended, or Revoked

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0295 Detail]

Download: Florida-2011-H0295-Introduced.html

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HB 295

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.

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