Bill Text: FL S1752 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Driver Licenses and Driving Privileges
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Judiciary [S1752 Detail]
Download: Florida-2013-S1752-Introduced.html
Bill Title: Driver Licenses and Driving Privileges
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Judiciary [S1752 Detail]
Download: Florida-2013-S1752-Introduced.html
Florida Senate - 2013 SB 1752 By Senator Braynon 36-01343A-13 20131752__ 1 A bill to be entitled 2 An act relating to driver licenses and driving 3 privileges; creating the “Driver’s Accountability 4 Act”; amending s. 318.18, F.S.; providing a criminal 5 and civil penalty payment alternative when a court 6 finds the violator has demonstrable financial 7 hardship; amending s. 322.34, F.S., relating to 8 driving while a license is suspended, revoked, 9 canceled, or disqualified; revising penalty 10 provisions; amending s. 322.245, F.S.; revising 11 provisions for the Department of Highway Safety and 12 Motor Vehicles to suspend the license of a person who 13 has failed to pay a financial obligation for a 14 criminal offense; amending ss. 921.0022 and 932.701, 15 F.S.; conforming cross-references; providing an 16 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’s 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) 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. The department shall contract with the 39 Florida Association of Court Clerks, Inc., to design, establish, 40 operate, upgrade, and maintain an automated statewide Uniform 41 Traffic Citation Accounting System to be operated by the clerks 42 of the court which shall include, but not be limited to, the 43 accounting for traffic infractions by type, a record of the 44 disposition of the citations, and an accounting system for the 45 fines assessed and the subsequent fine amounts paid to the 46 clerks of the court. On or before December 1, 2001, the clerks 47 of the court must provide the information required by this 48 chapter to be transmitted to the department by electronic 49 transmission pursuant to the contract. 50 (b)1.a. If a person has been ordered to pay a civil penalty 51 for a noncriminal traffic infraction and the person is unable to 52 comply with the court’s order due to demonstrable financial 53 hardship, the court shall allow the person to satisfy the civil 54 penalty by participating in community service until the civil 55 penalty is paid. 56 b. If a person has been ordered to pay a criminal penalty, 57 including court costs, fines, or fees associated with a criminal 58 offense and the person is unable to comply with the court’s 59 order due to demonstrable financial hardship, the court shall 60 allow the person to satisfy the criminal penalty by 61 participating in community service until the penalty is paid. In 62 determining whether a person has the ability to pay the criminal 63 penalty, the court shall consider the financial resources of the 64 person, the present and potential future financial needs and 65 earning ability of the person and his or her dependents, and 66 such other factors which it deems appropriate. If the court 67 finds that the person has the inability to pay, the court shall 68 consider converting the outstanding penalty to community 69 service. 70 c.b.If a court orders a person to perform community 71 service, the person shall receive credit for the civil penalty 72 at the specified hourly credit rate per hour of community 73 service performed, and each hour of community service performed 74 shall reduce the civil penalty by that amount. 75 2.a. As used in this paragraph, the term “specified hourly 76 credit rate” means the wage rate that is specified in 29 U.S.C. 77 s. 206(a)(1) under the federal Fair Labor Standards Act of 1938, 78 that is then in effect, and that an employer subject to such 79 provision must pay per hour to each employee subject to such 80 provision. 81 b. However, if a person ordered to perform community 82 service has a trade or profession for which there is a community 83 service need, the specified hourly credit rate for each hour of 84 community service performed by that person shall be the average 85 prevailing wage rate for the trade or profession that the 86 community service agency needs. 87 3.a. The community service agency supervising the person 88 shall record the number of hours of community service completed 89 and the date the community service hours were completed. The 90 community service agency shall submit the data to the clerk of 91 court on the letterhead of the community service agency, which 92 must also bear the notarized signature of the person designated 93 to represent the community service agency. 94 b. When the number of community service hours completed by 95 the person equals the amount of the civil penalty, the clerk of 96 court shall certify this fact to the court. Thereafter, the 97 clerk of court shall record in the case file that the civil 98 penalty has been paid in full. 99 4. As used in this paragraph, the term: 100 a. “Community service” means uncompensated labor for a 101 community service agency. 102 b. “Community service agency” means a not-for-profit 103 corporation, community organization, charitable organization, 104 public officer, the state or any political subdivision of the 105 state, or any other body the purpose of which is to improve the 106 quality of life or social welfare of the community and which 107 agrees to accept community service from persons unable to pay 108 civil penalties for noncriminal traffic infractions. 109 (c) If the noncriminal infraction has caused or resulted in 110 the death of another, the person who committed the infraction 111 may perform 120 community service hours under s. 316.027(4), in 112 addition to any other penalties. 113 Section 3. Section 322.34, Florida Statutes, is amended to 114 read: 115 322.34 Driving while license suspended, revoked, canceled, 116 or disqualified.— 117 (1)Except as provided in subsection (2),Any person whose 118 driverdriver’slicense or driving privilege has been canceled 119 or,suspended,or revoked, except a “habitual traffic offender”120as defined in s.322.264,who drives a vehicle onuponthe 121 highways of this state while such license or privilege is 122 canceled or,suspended commits, or revoked is guilty ofa moving 123 violation, except as provided in subsection (2), punishable as 124 provided in chapter 318. 125 (2)(a) Any person whose license has been suspended for 126 failing to pay child support as provided in s. 322.245 or s. 127 61.13016 who, knowing of such suspension, drives any motor 128 vehicle on the highways of this state while such license or 129 privilege is suspended, upon: 130 1. A first conviction is guilty of a misdemeanor of the 131 second degree, punishable as provided in s. 775.082 or s. 132 775.083. 133 2. A second or subsequent conviction is guilty of a 134 misdemeanor of the first degree, punishable as provided in s. 135 775.082 or s. 775.083. 136 (b) Any person whose driverdriver’slicense or driving 137 privilege has been suspended under s. 322.2615 orcanceled,138suspended, orrevoked as provided by law, except persons defined 139 as habitual traffic offenders in s. 322.264, who, knowing of 140 suchcancellation,suspension,or revocation, drives any motor 141 vehicle onuponthe highways of this state while such license or 142 privilege iscanceled,suspended,or revoked, upon: 143 1.(a)A first conviction is guilty of a misdemeanor of the 144 second degree, punishable as provided in s. 775.082 or s. 145 775.083. 146 2.(b)A second conviction is guilty of a misdemeanor of the 147 first degree, punishable as provided in s. 775.082 or s. 148 775.083. 149 3.(c)A third or subsequent conviction is guilty of a 150 felony of the third degree, punishable as provided in s. 151 775.082, s. 775.083, or s. 775.084. 152 (3) A person whose driver license or driving privilege has 153 been revoked as a habitual traffic offender pursuant to s. 154 322.264(1)(d) who, knowing of such revocation, drives any motor 155 vehicle on the highways of this state while such license or 156 privilege is revoked, upon: 157 (a) A first conviction, is guilty of a misdemeanor of the 158 second degree, punishable as provided in s. 775.082 or s. 159 775.083. 160 (b) A second conviction, is guilty of a misdemeanor of the 161 first degree, punishable as provided in s. 775.082 or s. 162 775.083. 163 (c) A third or subsequent conviction, is guilty of: 164 1. A misdemeanor of the first degree, punishable as 165 provided in s.775.082 or s.775.083, if the person’s designation 166 as a habitual traffic offender is based only on the offenses of 167 driving while a license is suspended or canceled under s. 168 322.34(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) Any person whose driver license or driving privilege 175 has been revoked as a habitual traffic offender pursuant to s. 176 322.264 for violations other than a violation of s. 177 322.264(1)(d), who knowing of such revocation, drives any motor 178 vehicle on the highways of this state while such license or 179 privilege is revoked commits a felony of the third degree, 180 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 181 (5) Any person whose driver license or driving privilege 182 has been revoked as a habitual traffic offender under s. 322.264 183 that has a prior forcible felony conviction as defined in s. 184 776.08 who, knowing of such revocation, drives any motor vehicle 185 on the highways of this state while such license or privilege is 186 revoked commits a felony of the third degree, punishable as 187 provided in s. 775.082, s. 775.083, or s. 775.084. 188 (6) The element of knowledge is satisfied if the person has 189 been previously cited as provided in subsections (2), (3), and 190 (4)subsection (1); or the person admits to knowledge of the 191 cancellation, suspension, or revocation; or the person received 192 notice as provided in subsection (8)(4). There shall be a 193 rebuttable presumption that the knowledge requirement is 194 satisfied if a judgment or order as provided in subsection (8) 195(4)appears in the department’s records for any case except for 196 one involving a suspension by the department for failure to pay 197 a traffic fine or for a financial responsibility violation. 198 (7)(3)In any proceeding for a violation of this section, a 199 court may consider evidence, other than that specified in 200 subsection (2), that the person knowingly violated this section. 201 (8)(4)Any judgment or order rendered by a court or 202 adjudicatory body or any uniform traffic citation that cancels, 203 suspends, or revokes a person’s driverdriver’slicense must 204 contain a provision notifying the person that his or her driver 205driver’slicense has been canceled, suspended, or revoked. 206(5) Any person whose driver’s license has been revoked207pursuant to s.322.264(habitual offender) and who drives any208motor vehicle upon the highways of this state while such license209is revoked is guilty of a felony of the third degree, punishable210as provided in s.775.082, s.775.083, or s.775.084.211 (9)(6)Any person who operates a motor vehicle: 212 (a) Without having a driverdriver’slicense as required 213 under s. 322.03; or 214 (b) While his or her driverdriver’slicense or driving 215 privilege is canceled, suspended, or revoked pursuant to s. 216 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), 217 and who by careless or negligent operation of the motor vehicle 218 causes the death of or serious bodily injury to another human 219 being commitsis guilty ofa felony of the third degree, 220 punishable as provided in s. 775.082 or s. 775.083. 221 (10)(7)Any person whose driverdriver’slicense or driving 222 privilege has been canceled, suspended, revoked, or disqualified 223 and who drives a commercial motor vehicle on the highways of 224 this state while such license or privilege is canceled, 225 suspended, revoked, or disqualified, upon: 226 (a) A first conviction is guilty of a misdemeanor of the 227 first degree, punishable as provided in s. 775.082 or s. 228 775.083. 229 (b) A second or subsequent conviction is guilty of a felony 230 of the third degree, punishable as provided in s. 775.082, s. 231 775.083, or s. 775.084. 232 (11)(8)(a) Upon the arrest of a person for the offense of 233 driving while the person’s driverdriver’slicense or driving 234 privilege is suspended or revoked, the arresting officer shall 235 determine: 236 1. Whether the person’s driverdriver’slicense is 237 suspended or revoked. 238 2. Whether the person’s driverdriver’slicense has 239 remained suspended or revoked since a conviction for the offense 240 of driving with a suspended or revoked license. 241 3. Whether the suspension or revocation was made under s. 242 316.646 or s. 627.733, relating to failure to maintain required 243 security, or under s. 322.264, relating to habitual traffic 244 offenders. 245 4. Whether the driver is the registered owner or coowner of 246 the vehicle. 247 (b) If the arresting officer finds in the affirmative as to 248 all of the criteria in paragraph (a), the officer shall 249 immediately impound or immobilize the vehicle. 250 (c) Within 7 business days after the date the arresting 251 agency impounds or immobilizes the vehicle, either the arresting 252 agency or the towing service, whichever is in possession of the 253 vehicle, shall send notice by certified mail to any coregistered 254 owners of the vehicle other than the person arrested and to each 255 person of record claiming a lien against the vehicle. All costs 256 and fees for the impoundment or immobilization, including the 257 cost of notification, must be paid by the owner of the vehicle 258 or, if the vehicle is leased, by the person leasing the vehicle. 259 (d) Either the arresting agency or the towing service, 260 whichever is in possession of the vehicle, shall determine 261 whether any vehicle impounded or immobilized under this section 262 has been leased or rented or if there are any persons of record 263 with a lien upon the vehicle. Either the arresting agency or the 264 towing service, whichever is in possession of the vehicle, shall 265 notify by express courier service with receipt or certified mail 266 within 7 business days after the date of the immobilization or 267 impoundment of the vehicle, the registered owner and all persons 268 having a recorded lien against the vehicle that the vehicle has 269 been impounded or immobilized. A lessor, rental car company, or 270 lienholder may then obtain the vehicle, upon payment of any 271 lawful towing or storage charges. If the vehicle is a rental 272 vehicle subject to a written contract, the charges may be 273 separately charged to the renter, in addition to the rental 274 rate, along with other separate fees, charges, and recoupments 275 disclosed on the rental agreement. If the storage facility fails 276 to provide timely notice to a lessor, rental car company, or 277 lienholder as required by this paragraph, the storage facility 278 shall be responsible for payment of any towing or storage 279 charges necessary to release the vehicle to a lessor, rental car 280 company, or lienholder that accrue after the notice period, 281 which charges may then be assessed against the driver of the 282 vehicle if the vehicle was lawfully impounded or immobilized. 283 (e) Except as provided in paragraph (d), the vehicle shall 284 remain impounded or immobilized for any period imposed by the 285 court until: 286 1. The owner presents proof of insurance to the arresting 287 agency; or 288 2. The owner presents proof of sale of the vehicle to the 289 arresting agency and the buyer presents proof of insurance to 290 the arresting agency. 291 If proof is not presented within 35 days after the impoundment 292 or immobilization, a lien shall be placed upon such vehicle 293 pursuant to s. 713.78. 294 (f) The owner of a vehicle that is impounded or immobilized 295 under this subsection may, within 10 days after the date the 296 owner has knowledge of the location of the vehicle, file a 297 complaint in the county in which the owner resides to determine 298 whether the vehicle was wrongfully taken or withheld. Upon the 299 filing of a complaint, the owner or lienholder may have the 300 vehicle released by posting with the court a bond or other 301 adequate security equal to the amount of the costs and fees for 302 impoundment or immobilization, including towing or storage, to 303 ensure the payment of such costs and fees if the owner or 304 lienholder does not prevail. When the vehicle owner or 305 lienholder does not prevail on a complaint that the vehicle was 306 wrongfully taken or withheld, he or she must pay the accrued 307 charges for the immobilization or impoundment, including any 308 towing and storage charges assessed against the vehicle. When 309 the bond is posted and the fee is paid as set forth in s. 28.24, 310 the clerk of the court shall issue a certificate releasing the 311 vehicle. At the time of release, after reasonable inspection, 312 the owner must give a receipt to the towing or storage company 313 indicating any loss or damage to the vehicle or to the contents 314 of the vehicle. 315 (12)(9)(a) A motor vehicle that is driven by a person under 316 the influence of alcohol or drugs in violation of s. 316.193 is 317 subject to seizure and forfeiture under ss. 932.701-932.706 and 318 is subject to liens for recovering, towing, or storing vehicles 319 under s. 713.78 if, at the time of the offense, the person’s 320 driverdriver’slicense is suspended, revoked, or canceled as a 321 result of a prior conviction for driving under the influence. 322 (b) The law enforcement officer shall notify the Department 323 of Highway Safety and Motor Vehicles of any impoundment or 324 seizure for violation of paragraph (a) in accordance with 325 procedures established by the department. 326 (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when 327 the seizing agency obtains a final judgment granting forfeiture 328 of the motor vehicle under this section, 30 percent of the net 329 proceeds from the sale of the motor vehicle shall be retained by 330 the seizing law enforcement agency and 70 percent shall be 331 deposited in the General Revenue Fund for use by regional 332 workforce boards in providing transportation services for 333 participants of the welfare transition program. In a forfeiture 334 proceeding under this section, the court may consider the extent 335 that the family of the owner has other public or private means 336 of transportation. 337(10)(a) Notwithstanding any other provision of this338section, if a person does not have a prior forcible felony339conviction as defined in s.776.08, the penalties provided in340paragraph (b) apply if a person’s driver’s license or driving341privilege is canceled, suspended, or revoked for:3421. Failing to pay child support as provided in s.322.245343or s.61.13016;3442. Failing to pay any other financial obligation as345provided in s.322.245other than those specified in s.346322.245(1);3473. Failing to comply with a civil penalty required in s.348318.15;3494. Failing to maintain vehicular financial responsibility350as required by chapter 324;3515. Failing to comply with attendance or other requirements352for minors as set forth in s.322.091; or3536. Having been designated a habitual traffic offender under354s.322.264(1)(d) as a result of suspensions of his or her355driver’s license or driver privilege for any underlying356violation listed in subparagraphs 1.-5.357(b)1. Upon a first conviction for knowingly driving while358his or her license is suspended, revoked, or canceled for any of359the underlying violations listed in subparagraphs (a)1.-6., a360person commits a misdemeanor of the second degree, punishable as361provided in s.775.082or s.775.083.3622. Upon a second or subsequent conviction for the same363offense of knowingly driving while his or her license is364suspended, revoked, or canceled for any of the underlying365violations listed in subparagraphs (a)1.-6., a person commits a366misdemeanor of the first degree, punishable as provided in s.367775.082or s.775.083.368 (13)(11)(a) A person who does not hold a commercial driver 369driver’slicense and who is cited for an offense ofknowingly370 driving while his or her license is suspended, revoked, or 371 canceledfor any of the underlying violations listed in372paragraph (10)(a)may, in lieu of payment of fine or court 373 appearance, elect to enter a plea of nolo contendere and provide 374 proof of compliance to the clerk of the court, designated 375 official, or authorized operator of a traffic violations bureau. 376 In such case, adjudication shall be withheld. However, no 377 election shall be made under this subsection if such person has 378 made an election under this subsection during the preceding 12 379 months. A person may not make more than three elections under 380 this subsection. 381 (b) If adjudication is withheld under paragraph (a), such 382 action is not a conviction. 383 Section 4. Subsection (5) of section 322.245, Florida 384 Statutes, is amended to read: 385 322.245 Suspension of license upon failure of person 386 charged with specified offense under chapter 316, chapter 320, 387 or this chapter to comply with directives ordered by traffic 388 court or upon failure to pay child support in non-IV-D cases as 389 provided in chapter 61 or failure to pay any financial 390 obligation in any other criminal case.— 391 (5)(a) When the department receives notice from a clerk of 392 the court that a person licensed to operate a motor vehicle in 393 this state under the provisions of this chapter has willfully 394 failed to pay financial obligations for any criminal offense 395 other than those specified in subsection (1), in full or in part 396 under a payment plan pursuant to s. 28.246(4) after a finding by 397 the court that the person has the ability to pay, the department 398 shall suspend the license of the person named in the notice. 399 (b) The department must reinstate the driving privilege 400 when the clerk of the court provides an affidavit to the 401 department stating that: 402 1. The person has satisfied the financial obligation in 403 full or made all of the payments currently due under a payment 404 plan; 405 2. The person has entered into a written agreement for 406 payment of the financial obligation if not presently enrolled in 407 a payment plan; or 408 3. TheAcourt has entered an order granting relief to the 409 person ordering the reinstatement of the license. 410 (c) The department shall not be held liable for any license 411 suspension resulting from the discharge of its duties under this 412 section. 413 Section 5. Paragraph (e) of subsection (3) of section 414 921.0022, Florida Statutes, is amended to read: 415 921.0022 Criminal Punishment Code; offense severity ranking 416 chart.— 417 (3) OFFENSE SEVERITY RANKING CHART 418 (e) LEVEL 5 419 FloridaStatute FelonyDegree Description 420 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene. 421 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 422 322.34(9)322.34(6)3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 423 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 424 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy. 425 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester. 426 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 427 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 428 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 429 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 430 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 431 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 432 790.01(2) 3rd Carrying a concealed firearm. 433 790.162 2nd Threat to throw or discharge destructive device. 434 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction. 435 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 436 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 437 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years. 438 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older. 439 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 440 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 441 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 442 812.019(1) 2nd Stolen property; dealing in or trafficking in. 443 812.131(2)(b) 3rd Robbery by sudden snatching. 444 812.16(2) 3rd Owning, operating, or conducting a chop shop. 445 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 446 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 447 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 448 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals. 449 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder. 450 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 451 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 452 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 453 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 454 843.01 3rd Resist officer with violence to person; resist arrest with violence. 455 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 456 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 457 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 458 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 459 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 460 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 461 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. 462 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 463 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. 464 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 465 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 466 Section 6. Paragraph (a) of subsection (2) of section 467 932.701, Florida Statutes, is amended to read: 468 932.701 Short title; definitions.— 469 (2) As used in the Florida Contraband Forfeiture Act: 470 (a) “Contraband article” means: 471 1. Any controlled substance as defined in chapter 893 or 472 any substance, device, paraphernalia, or currency or other means 473 of exchange that was used, was attempted to be used, or was 474 intended to be used in violation of any provision of chapter 475 893, if the totality of the facts presented by the state is 476 clearly sufficient to meet the state’s burden of establishing 477 probable cause to believe that a nexus exists between the 478 article seized and the narcotics activity, whether or not the 479 use of the contraband article can be traced to a specific 480 narcotics transaction. 481 2. Any gambling paraphernalia, lottery tickets, money, 482 currency, or other means of exchange which was used, was 483 attempted, or intended to be used in violation of the gambling 484 laws of the state. 485 3. Any equipment, liquid or solid, which was being used, is 486 being used, was attempted to be used, or intended to be used in 487 violation of the beverage or tobacco laws of the state. 488 4. Any motor fuel upon which the motor fuel tax has not 489 been paid as required by law. 490 5. Any personal property, including, but not limited to, 491 any vessel, aircraft, item, object, tool, substance, device, 492 weapon, machine, vehicle of any kind, money, securities, books, 493 records, research, negotiable instruments, or currency, which 494 was used or was attempted to be used as an instrumentality in 495 the commission of, or in aiding or abetting in the commission 496 of, any felony, whether or not comprising an element of the 497 felony, or which is acquired by proceeds obtained as a result of 498 a violation of the Florida Contraband Forfeiture Act. 499 6. Any real property, including any right, title, 500 leasehold, or other interest in the whole of any lot or tract of 501 land, which was used, is being used, or was attempted to be used 502 as an instrumentality in the commission of, or in aiding or 503 abetting in the commission of, any felony, or which is acquired 504 by proceeds obtained as a result of a violation of the Florida 505 Contraband Forfeiture Act. 506 7. Any personal property, including, but not limited to, 507 equipment, money, securities, books, records, research, 508 negotiable instruments, currency, or any vessel, aircraft, item, 509 object, tool, substance, device, weapon, machine, or vehicle of 510 any kind in the possession of or belonging to any person who 511 takes aquaculture products in violation of s. 812.014(2)(c). 512 8. Any motor vehicle offered for sale in violation of s. 513 320.28. 514 9. Any motor vehicle used during the course of committing 515 an offense in violation of s. 322.34(12)(a)322.34(9)(a). 516 10. Any photograph, film, or other recorded image, 517 including an image recorded on videotape, a compact disc, 518 digital tape, or fixed disk, that is recorded in violation of s. 519 810.145 and is possessed for the purpose of amusement, 520 entertainment, sexual arousal, gratification, or profit, or for 521 the purpose of degrading or abusing another person. 522 11. Any real property, including any right, title, 523 leasehold, or other interest in the whole of any lot or tract of 524 land, which is acquired by proceeds obtained as a result of 525 Medicaid fraud under s. 409.920 or s. 409.9201; any personal 526 property, including, but not limited to, equipment, money, 527 securities, books, records, research, negotiable instruments, or 528 currency; or any vessel, aircraft, item, object, tool, 529 substance, device, weapon, machine, or vehicle of any kind in 530 the possession of or belonging to any person which is acquired 531 by proceeds obtained as a result of Medicaid fraud under s. 532 409.920 or s. 409.9201. 533 12. Any personal property, including, but not limited to, 534 any vehicle, item, object, tool, device, weapon, machine, money, 535 security, book, or record, that is used or attempted to be used 536 as an instrumentality in the commission of, or in aiding and 537 abetting in the commission of, a person’s third or subsequent 538 violation of s. 509.144, whether or not comprising an element of 539 the offense. 540 Section 7. This act shall take effect July 1, 2013.