Bill Text: FL H0181 | 2011 | Regular Session | Introduced

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Bill Title: Driving Without a Valid Driver License

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0181 Detail]

Download: Florida-2011-H0181-Introduced.html

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HB 181

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