Bill Text: FL S0302 | 2014 | Regular Session | Introduced
Bill Title: Driver Licenses and Driving Privileges
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2014-05-02 - Died in Transportation [S0302 Detail]
Download: Florida-2014-S0302-Introduced.html
Florida Senate - 2014 SB 302
By Senator Braynon
36-00422-14 2014302__
1 A bill to be entitled
2 An act relating to driver licenses and driving
3 privileges; creating the “Driver Accountability Act”;
4 amending s. 318.18, F.S.; providing a criminal penalty
5 payment alternative if a court finds that the violator
6 has demonstrable financial hardship; amending s.
7 322.34, F.S., relating to driving while a license is
8 suspended, revoked, canceled, or disqualified;
9 revising penalty provisions; amending s. 322.245,
10 F.S.; revising provisions for the Department of
11 Highway Safety and Motor Vehicles to suspend the
12 license of a person who has failed to pay a financial
13 obligation for a criminal offense, to conform to
14 changes made by the act; amending ss. 921.0022 and
15 932.701, F.S.; conforming cross-references; providing
16 an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. This act may be cited as the “Driver
21 Accountability Act.”
22 Section 2. Subsection (8) of section 318.18, Florida
23 Statutes, is amended to read:
24 318.18 Amount and payment of criminal and civil penalties.
25 The penalties required for a noncriminal disposition pursuant to
26 s. 318.14 or a criminal offense listed in s. 318.17 are as
27 follows:
28 (8)(a) A Any person who fails to comply with the court’s
29 requirements or who fails to pay the civil penalties specified
30 in this section within the 30-day period provided for in s.
31 318.14 must pay an additional civil penalty of $16, $6.50 of
32 which must be remitted to the Department of Revenue for deposit
33 in the General Revenue Fund, and $9.50 of which must be remitted
34 to the Department of Revenue for deposit in the Highway Safety
35 Operating Trust Fund. Of this additional civil penalty of $16,
36 $4 is not revenue for purposes of s. 28.36 and may not be used
37 in establishing the budget of the clerk of the court under that
38 section or s. 28.35.
39 (b) The department shall contract with the Florida
40 Association of Court Clerks, Inc., to design, establish,
41 operate, upgrade, and maintain an automated statewide Uniform
42 Traffic Citation Accounting System to be operated by the clerks
43 of the court which must shall include, but not be limited to,
44 the accounting for traffic infractions by type, a record of the
45 disposition of the citations, and an accounting system for the
46 fines assessed and the subsequent fine amounts paid to the
47 clerks of the court. On or before December 1, 2001, The clerks
48 of the court must provide the information required by this
49 chapter to be transmitted to the department by electronic
50 transmission pursuant to the contract.
51 (c)(b)1.a. If a person has been ordered to pay a civil
52 penalty for a noncriminal traffic infraction and the person is
53 unable to comply with the court’s order due to demonstrable
54 financial hardship, the court shall allow the person to satisfy
55 the civil penalty by participating in community service until
56 the civil penalty is paid.
57 (d) If a person has been ordered to pay a criminal penalty,
58 including court costs, fines, or fees associated with a criminal
59 offense, and the person is unable to comply with the court’s
60 order due to demonstrable financial hardship, the court may
61 allow the person to satisfy the criminal penalty by
62 participating in community service until the criminal penalty is
63 paid. In determining whether a person has the ability to pay the
64 criminal penalty, the court shall consider the financial
65 resources of the person, the present and potential future
66 financial needs and earning ability of the person and his or her
67 dependents, and such other factors that it deems appropriate. If
68 the court finds that the person is unable to pay the criminal
69 penalty, the court may consider converting the outstanding
70 penalty to community service.
71 (e)b. If a court orders a person to perform community
72 service, the person shall receive credit for the civil or
73 criminal penalty at the specified hourly credit rate per hour of
74 community service performed, and each hour of community service
75 performed reduces shall reduce the civil or criminal penalty by
76 that amount.
77 1.2.a. As used in this paragraph, the term “specified
78 hourly credit rate” means the wage rate that is specified in 29
79 U.S.C. s. 206(a)(1) under the federal Fair Labor Standards Act
80 of 1938, that is then in effect, and that an employer subject to
81 such provision must pay per hour to each employee subject to
82 such provision.
83 2.b. However, If a person ordered to perform community
84 service has a trade or profession for which there is a community
85 service need, the specified hourly credit rate for each hour of
86 community service performed by that person is shall be the
87 average prevailing wage rate for the trade or profession that
88 the community service agency needs.
89 3.a. The community service agency supervising the person
90 shall record the number of hours of community service completed
91 and the date the community service hours were completed.
92 a. The community service agency shall submit the data to
93 the clerk of the court on the letterhead of the community
94 service agency, which must also bear the notarized signature of
95 the person designated to represent the community service agency.
96 b. When the number of community service hours completed by
97 the person equals the amount of the civil or criminal penalty,
98 the clerk of the court shall certify this fact to the court.
99 Thereafter, the clerk of the court shall record in the case file
100 that the civil or criminal penalty has been paid in full.
101 4. As used in this subsection paragraph, the term:
102 a. “Community service” means uncompensated labor for a
103 community service agency.
104 b. “Community service agency” means a not-for-profit
105 corporation, community organization, charitable organization,
106 public officer, the state or any political subdivision of the
107 state, or any other body the purpose of which is to improve the
108 quality of life or social welfare of the community and which
109 agrees to accept community service from persons unable to pay
110 civil penalties for noncriminal traffic infractions or criminal
111 penalties.
112 (f)(c) If the noncriminal infraction has caused or resulted
113 in the death of another, the person who committed the infraction
114 may perform 120 community service hours under s. 316.027(4), in
115 addition to any other penalties.
116 Section 3. Section 322.34, Florida Statutes, is amended to
117 read:
118 322.34 Driving while license suspended, revoked, canceled,
119 or disqualified.—
120 (1) Except as provided in subsection (2), a any person
121 whose driver driver’s license or driving privilege has been
122 canceled or, suspended, or revoked, except a “habitual traffic
123 offender” as defined in s. 322.264, who drives a motor vehicle
124 on upon the highways of this state while such license or
125 privilege is canceled or, suspended commits, or revoked is
126 guilty of a moving violation, punishable as provided in chapter
127 318.
128 (2)(a) A person whose driver license or driving privilege
129 has been suspended for failing to pay child support as provided
130 in s. 61.13016 or s. 322.245 who, knowing of such suspension,
131 drives a motor vehicle on the highways of this state while such
132 license or privilege is suspended, upon:
133 1. A first conviction, commits a misdemeanor of the second
134 degree, punishable as provided in s. 775.082 or s. 775.083.
135 2. A second or subsequent conviction, commits a misdemeanor
136 of the first degree, punishable as provided in s. 775.082 or s.
137 775.083.
138 (b) A Any person whose driver driver’s license or driving
139 privilege has been suspended under s. 322.2615 or canceled,
140 suspended, or revoked as provided by law, except persons defined
141 as habitual traffic offenders in s. 322.264, who, knowing of
142 such cancellation, suspension, or revocation, drives a any motor
143 vehicle on upon the highways of this state while such license or
144 privilege is canceled, suspended, or revoked, upon:
145 1.(a) A first conviction, commits is guilty of a
146 misdemeanor of the second degree, punishable as provided in s.
147 775.082 or s. 775.083.
148 2.(b) A second conviction, commits is guilty of a
149 misdemeanor of the first degree, punishable as provided in s.
150 775.082 or s. 775.083.
151 3.(c) A third or subsequent conviction, commits is guilty
152 of a felony of the third degree, punishable as provided in s.
153 775.082, s. 775.083, or s. 775.084.
154 (3) A person whose driver license or driving privilege has
155 been revoked as a habitual traffic offender pursuant to s.
156 322.264(1)(d) who, knowing of such revocation, drives a motor
157 vehicle on the highways of this state while such license or
158 privilege is revoked, upon:
159 (a) A first conviction, commits a misdemeanor of the second
160 degree, punishable as provided in s. 775.082 or s. 775.083.
161 (b) A second conviction, commits a misdemeanor of the first
162 degree, punishable as provided in s. 775.082 or s. 775.083.
163 (c) A third or subsequent conviction, commits:
164 1. A misdemeanor of the first degree, punishable as
165 provided in s. 775.082 or s. 775.083, if the person’s
166 designation as a habitual traffic offender is based only on the
167 offenses of driving while a license is suspended or canceled
168 under subsection (1); or
169 2. A felony of the third degree, punishable as provided in
170 s. 775.082, s. 775.083, or s. 775.084, if the person’s
171 designation as a habitual traffic offender is based on any
172 offense of driving while a license is suspended or revoked under
173 subsection (2).
174 (4) A person whose driver license or driving privilege has
175 been revoked as a habitual traffic offender under s. 322.264 for
176 violations other than a violation of s. 322.264(1)(d) who,
177 knowing of such revocation, drives a motor vehicle on the
178 highways of this state while such license or privilege is
179 revoked commits a felony of the third degree, punishable as
180 provided in s. 775.082, s. 775.083, or s. 775.084.
181 (5) A person whose driver license or driving privilege has
182 been revoked as a habitual traffic offender under s. 322.264 who
183 has a prior conviction of forcible felony as defined in s.
184 776.08 and who, knowing of the revocation of his or her driver
185 license or driving privilege, drives a motor vehicle on the
186 highways of this state while the license or privilege is revoked
187 commits a felony of the third degree, punishable as provided in
188 s. 775.082, s. 775.083, or s. 775.084.
189 (6) The element of knowledge is satisfied if the person has
190 been previously cited as provided in subsections (2)-(4)
191 subsection (1); or the person admits to knowledge of the
192 cancellation, suspension, or revocation; or the person received
193 notice as provided in subsection (8) (4). There is shall be a
194 rebuttable presumption that the knowledge requirement is
195 satisfied if a judgment or order as provided in subsection (8)
196 (4) appears in the department’s records for any case except for
197 one involving a suspension by the department for failure to pay
198 a traffic fine or for a financial responsibility violation.
199 (7)(3) In any proceeding for a violation of this section, a
200 court may consider evidence, other than that specified in
201 subsection (2) or subsection (6), that the person knowingly
202 violated this section.
203 (8)(4) Any judgment or order rendered by a court or
204 adjudicatory body or any uniform traffic citation that cancels,
205 suspends, or revokes a person’s driver driver’s license must
206 contain a provision notifying the person that his or her driver
207 driver’s license has been canceled, suspended, or revoked.
208 (5) Any person whose driver’s license has been revoked
209 pursuant to s. 322.264 (habitual offender) and who drives any
210 motor vehicle upon the highways of this state while such license
211 is revoked is guilty of a felony of the third degree, punishable
212 as provided in s. 775.082, s. 775.083, or s. 775.084.
213 (9)(6) A Any person commits a felony of the third degree,
214 punishable as provided in s. 775.082 or s. 775.083, if he or she
215 who operates a motor vehicle:
216 (a) Without having a driver driver’s license as required
217 under s. 322.03; or
218 (b) While his or her driver driver’s license or driving
219 privilege is canceled, suspended, or revoked pursuant to s.
220 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and
221 who by careless or negligent operation of the motor vehicle
222 causes the death of or serious bodily injury to another human
223 being is guilty of a felony of the third degree, punishable as
224 provided in s. 775.082 or s. 775.083.
225 (10)(7) A Any person whose driver driver’s license or
226 driving privilege has been canceled, suspended, revoked, or
227 disqualified and who drives a commercial motor vehicle on the
228 highways of this state while such license or privilege is
229 canceled, suspended, revoked, or disqualified, upon:
230 (a) A first conviction, commits is guilty of a misdemeanor
231 of the first degree, punishable as provided in s. 775.082 or s.
232 775.083.
233 (b) A second or subsequent conviction, commits is guilty of
234 a felony of the third degree, punishable as provided in s.
235 775.082, s. 775.083, or s. 775.084.
236 (11)(8)(a) Upon the arrest of a person for the offense of
237 driving while the person’s driver driver’s license or driving
238 privilege is suspended or revoked, the arresting officer shall
239 determine:
240 1. Whether the person’s driver driver’s license is
241 suspended or revoked.
242 2. Whether the person’s driver driver’s license has
243 remained suspended or revoked since a conviction for the offense
244 of driving with a suspended or revoked license.
245 3. Whether the suspension or revocation was made under s.
246 316.646 or s. 627.733, relating to failure to maintain required
247 security, or under s. 322.264, relating to habitual traffic
248 offenders.
249 4. Whether the driver is the registered owner or coowner of
250 the vehicle.
251 (b) If the arresting officer finds in the affirmative as to
252 all of the criteria in paragraph (a), the officer shall
253 immediately impound or immobilize the vehicle.
254 (c) Within 7 business days after the date the arresting
255 agency impounds or immobilizes the vehicle, either the arresting
256 agency or the towing service, whichever is in possession of the
257 vehicle, shall send notice by certified mail to any coregistered
258 owners of the vehicle other than the person arrested and to each
259 person of record claiming a lien against the vehicle. All costs
260 and fees for the impoundment or immobilization, including the
261 cost of notification, must be paid by the owner of the vehicle
262 or, if the vehicle is leased, by the person leasing the vehicle.
263 (d) Either The arresting agency or the towing service,
264 whichever is in possession of the vehicle, shall determine
265 whether any vehicle impounded or immobilized under this section
266 has been leased or rented or if there are any persons of record
267 with a lien upon the vehicle. Either The arresting agency or the
268 towing service, whichever is in possession of the vehicle, shall
269 notify by express courier service with receipt or certified mail
270 within 7 business days after the date of the immobilization or
271 impoundment of the vehicle, the registered owner and all persons
272 having a recorded lien against the vehicle that the vehicle has
273 been impounded or immobilized. A lessor, rental car company, or
274 lienholder may then obtain the vehicle, upon payment of any
275 lawful towing or storage charges. If the vehicle is a rental
276 vehicle subject to a written contract, the charges may be
277 separately charged to the renter, in addition to the rental
278 rate, along with other separate fees, charges, and recoupments
279 disclosed on the rental agreement. If the storage facility fails
280 to provide timely notice to a lessor, rental car company, or
281 lienholder as required by this paragraph, the storage facility
282 is shall be responsible for payment of any towing or storage
283 charges necessary to release the vehicle to a lessor, rental car
284 company, or lienholder that accrue after the notice period,
285 which charges may then be assessed against the driver of the
286 vehicle if the vehicle was lawfully impounded or immobilized.
287 (e) Except as provided in paragraph (d), the vehicle shall
288 remain impounded or immobilized for any period imposed by the
289 court until:
290 1. The owner presents proof of insurance to the arresting
291 agency; or
292 2. The owner presents proof of sale of the vehicle to the
293 arresting agency and the buyer presents proof of insurance to
294 the arresting agency.
295
296 If proof is not presented within 35 days after the impoundment
297 or immobilization, a lien shall be placed upon such vehicle
298 pursuant to s. 713.78.
299 (f) The owner of a vehicle that is impounded or immobilized
300 under this subsection may, within 10 days after the date the
301 owner has knowledge of the location of the vehicle, file a
302 complaint in the county in which the owner resides to determine
303 whether the vehicle was wrongfully taken or withheld. Upon the
304 filing of a complaint, the owner or lienholder may have the
305 vehicle released by posting with the court a bond or other
306 adequate security equal to the amount of the costs and fees for
307 impoundment or immobilization, including towing or storage, to
308 ensure the payment of such costs and fees if the owner or
309 lienholder does not prevail. When the vehicle owner or
310 lienholder does not prevail on a complaint that the vehicle was
311 wrongfully taken or withheld, he or she must pay the accrued
312 charges for the immobilization or impoundment, including any
313 towing and storage charges assessed against the vehicle. When
314 the bond is posted and the fee is paid as set forth in s. 28.24,
315 the clerk of the court shall issue a certificate releasing the
316 vehicle. At the time of release, after reasonable inspection,
317 the owner must give a receipt to the towing or storage company
318 indicating any loss or damage to the vehicle or to the contents
319 of the vehicle.
320 (12)(9)(a) A motor vehicle that is driven by a person under
321 the influence of alcohol or drugs in violation of s. 316.193 is
322 subject to seizure and forfeiture under ss. 932.701-932.706 and
323 is subject to liens for recovering, towing, or storing vehicles
324 under s. 713.78 if, at the time of the offense, the person’s
325 driver driver’s license is suspended, revoked, or canceled as a
326 result of a prior conviction for driving under the influence.
327 (b) The law enforcement officer shall notify the department
328 of Highway Safety and Motor Vehicles of any impoundment or
329 seizure for violation of paragraph (a) in accordance with
330 procedures established by the department.
331 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, if
332 when the seizing agency obtains a final judgment granting
333 forfeiture of the motor vehicle under this section, 30 percent
334 of the net proceeds from the sale of the motor vehicle shall be
335 retained by the seizing law enforcement agency and 70 percent
336 shall be deposited in the General Revenue Fund for use by
337 regional workforce boards in providing transportation services
338 for participants of the welfare transition program. In a
339 forfeiture proceeding under this section, the court may consider
340 the extent that the family of the owner has other public or
341 private means of transportation.
342 (10)(a) Notwithstanding any other provision of this
343 section, if a person does not have a prior forcible felony
344 conviction as defined in s. 776.08, the penalties provided in
345 paragraph (b) apply if a person’s driver’s license or driving
346 privilege is canceled, suspended, or revoked for:
347 1. Failing to pay child support as provided in s. 322.245
348 or s. 61.13016;
349 2. Failing to pay any other financial obligation as
350 provided in s. 322.245 other than those specified in s.
351 322.245(1);
352 3. Failing to comply with a civil penalty required in s.
353 318.15;
354 4. Failing to maintain vehicular financial responsibility
355 as required by chapter 324;
356 5. Failing to comply with attendance or other requirements
357 for minors as set forth in s. 322.091; or
358 6. Having been designated a habitual traffic offender under
359 s. 322.264(1)(d) as a result of suspensions of his or her
360 driver’s license or driver privilege for any underlying
361 violation listed in subparagraphs 1.-5.
362 (b)1. Upon a first conviction for knowingly driving while
363 his or her license is suspended, revoked, or canceled for any of
364 the underlying violations listed in subparagraphs (a)1.-6., a
365 person commits a misdemeanor of the second degree, punishable as
366 provided in s. 775.082 or s. 775.083.
367 2. Upon a second or subsequent conviction for the same
368 offense of knowingly driving while his or her license is
369 suspended, revoked, or canceled for any of the underlying
370 violations listed in subparagraphs (a)1.-6., a person commits a
371 misdemeanor of the first degree, punishable as provided in s.
372 775.082 or s. 775.083.
373 (13)(11)(a) A person who does not hold a commercial driver
374 driver’s license and who is cited for an offense of knowingly
375 driving while his or her license is suspended, revoked, or
376 canceled for any of the underlying violations listed in
377 paragraph (10)(a) may, in lieu of payment of fine or court
378 appearance, elect to enter a plea of nolo contendere and provide
379 proof of compliance to the clerk of the court, designated
380 official, or authorized operator of a traffic violations bureau.
381 In such case, adjudication shall be withheld, and such action is
382 not a conviction. However, an no election may not shall be made
383 under this subsection if such person has made an election under
384 this subsection during the preceding 12 months. A person may not
385 make more than three elections under this subsection.
386 (b) If adjudication is withheld under paragraph (a), such
387 action is not a conviction.
388 Section 4. Subsection (5) of section 322.245, Florida
389 Statutes, is amended to read:
390 322.245 Suspension of license upon failure of person
391 charged with specified offense under chapter 316, chapter 320,
392 or this chapter to comply with directives ordered by traffic
393 court or upon failure to pay child support in non-IV-D cases as
394 provided in chapter 61 or failure to pay any financial
395 obligation in any other criminal case.—
396 (5)(a) If When the department receives notice from a clerk
397 of the court that a person licensed to operate a motor vehicle
398 in this state under the provisions of this chapter has willfully
399 failed to pay financial obligations for any criminal offense
400 other than those specified in subsection (1), in full or in part
401 under a payment plan pursuant to s. 28.246(4) after a finding by
402 the court that the person has the ability to pay, the department
403 shall suspend the license of the person named in the notice.
404 (b) The department must reinstate the driving privilege if
405 when the clerk of the court provides an affidavit to the
406 department stating that:
407 1. The person has satisfied the financial obligation in
408 full or made all of the payments currently due under a payment
409 plan;
410 2. The person has entered into a written agreement for
411 payment of the financial obligation if not presently enrolled in
412 a payment plan; or
413 3. The A court has entered an order granting relief to the
414 person ordering the reinstatement of the license.
415 (c) The department may shall not be held liable for any
416 license suspension resulting from the discharge of its duties
417 under this section.
418 Section 5. Paragraph (e) of subsection (3) of section
419 921.0022, Florida Statutes, is amended to read:
420 921.0022 Criminal Punishment Code; offense severity ranking
421 chart.—
422 (3) OFFENSE SEVERITY RANKING CHART
423 (e) LEVEL 5
424
425 FloridaStatute FelonyDegree Description
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474 Section 6. Paragraph (a) of subsection (2) of section
475 932.701, Florida Statutes, is amended to read:
476 932.701 Short title; definitions.—
477 (2) As used in the Florida Contraband Forfeiture Act:
478 (a) “Contraband article” means:
479 1. Any controlled substance as defined in chapter 893 or
480 any substance, device, paraphernalia, or currency or other means
481 of exchange that was used, was attempted to be used, or was
482 intended to be used in violation of any provision of chapter
483 893, if the totality of the facts presented by the state is
484 clearly sufficient to meet the state’s burden of establishing
485 probable cause to believe that a nexus exists between the
486 article seized and the narcotics activity, whether or not the
487 use of the contraband article can be traced to a specific
488 narcotics transaction.
489 2. Any gambling paraphernalia, lottery tickets, money,
490 currency, or other means of exchange which was used, was
491 attempted, or intended to be used in violation of the gambling
492 laws of the state.
493 3. Any equipment, liquid or solid, which was being used, is
494 being used, was attempted to be used, or intended to be used in
495 violation of the beverage or tobacco laws of the state.
496 4. Any motor fuel upon which the motor fuel tax has not
497 been paid as required by law.
498 5. Any personal property, including, but not limited to,
499 any vessel, aircraft, item, object, tool, substance, device,
500 weapon, machine, vehicle of any kind, money, securities, books,
501 records, research, negotiable instruments, or currency, which
502 was used or was attempted to be used as an instrumentality in
503 the commission of, or in aiding or abetting in the commission
504 of, any felony, whether or not comprising an element of the
505 felony, or which is acquired by proceeds obtained as a result of
506 a violation of the Florida Contraband Forfeiture Act.
507 6. Any real property, including any right, title,
508 leasehold, or other interest in the whole of any lot or tract of
509 land, which was used, is being used, or was attempted to be used
510 as an instrumentality in the commission of, or in aiding or
511 abetting in the commission of, any felony, or which is acquired
512 by proceeds obtained as a result of a violation of the Florida
513 Contraband Forfeiture Act.
514 7. Any personal property, including, but not limited to,
515 equipment, money, securities, books, records, research,
516 negotiable instruments, currency, or any vessel, aircraft, item,
517 object, tool, substance, device, weapon, machine, or vehicle of
518 any kind in the possession of or belonging to any person who
519 takes aquaculture products in violation of s. 812.014(2)(c).
520 8. Any motor vehicle offered for sale in violation of s.
521 320.28.
522 9. Any motor vehicle used during the course of committing
523 an offense in violation of s. 322.34(12)(a) 322.34(9)(a).
524 10. Any photograph, film, or other recorded image,
525 including an image recorded on videotape, a compact disc,
526 digital tape, or fixed disk, that is recorded in violation of s.
527 810.145 and is possessed for the purpose of amusement,
528 entertainment, sexual arousal, gratification, or profit, or for
529 the purpose of degrading or abusing another person.
530 11. Any real property, including any right, title,
531 leasehold, or other interest in the whole of any lot or tract of
532 land, which is acquired by proceeds obtained as a result of
533 Medicaid fraud under s. 409.920 or s. 409.9201; any personal
534 property, including, but not limited to, equipment, money,
535 securities, books, records, research, negotiable instruments, or
536 currency; or any vessel, aircraft, item, object, tool,
537 substance, device, weapon, machine, or vehicle of any kind in
538 the possession of or belonging to any person which is acquired
539 by proceeds obtained as a result of Medicaid fraud under s.
540 409.920 or s. 409.9201.
541 12. Any personal property, including, but not limited to,
542 any vehicle, item, object, tool, device, weapon, machine, money,
543 security, book, or record, that is used or attempted to be used
544 as an instrumentality in the commission of, or in aiding and
545 abetting in the commission of, a person’s third or subsequent
546 violation of s. 509.144, whether or not comprising an element of
547 the offense.
548 Section 7. This act shall take effect July 1, 2014.
