Florida 2025 Regular Session

Florida House Bill H0779 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 779 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to impounding motor vehicles; amending 2
16	16	s. 316.1935, F.S.; establishing procedures for 3
17	17	impounding motor vehicles involved in fleeing or 4
18	18	eluding a law enforcement officer; providing 5
19	19	conditions for releasing such an impounded motor 6
20	20	vehicle; providing for payment of impoundment costs 7
21	21	and fees; providing an effective date. 8
22	22	9
23	23	Be It Enacted by the Legislature of the State of Florida: 10
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25	25	Section 1. Subsection (7) of section 316.1935, Florida 12
26	26	Statutes, is amended, and subsection (8) is added to that 13
27	27	section, to read: 14
28	28	316.1935 Fleeing or attempting to elude a law enforcement 15
29	29	officer; aggravated fleeing or eluding. — 16
30	30	(7) Any motor vehicle involved in a violation of this 17
31	31	section may be impounded for up to 30 business days. The 18
32	32	impounding agency shall make a diligent effort to notify the 19
33	33	registered owner of the impounded motor vehicle. The law 20
34	34	enforcement officer shall notify the department of any 21
35	35	impoundment for violation of this subsection in accordance with 22
36	36	procedures established by the department. 23
37	37	(a) The impounding agency must release a motor vehicle if: 24
38	38	1. The owner can establish that: 25
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	a. The owner was not operating the motor vehicle when the 26
52	52	offense occurred because the motor vehicle was stolen at the 27
53	53	time of the offense, as evidenced by a police report; 28
54	54	b. The family or household members, as defined in s. 29
55	55	741.28, of the owner of the motor vehicle have no other means of 30
56	56	transportation; or 31
57	57	c. The motor vehicle was, at the time of the violation, in 32
58	58	the care, custody, or control of another person; and 33
59	59	2. The owner or the owner's agent presents a valid driver 34
60	60	license at the time of pickup of the motor vehicle. 35
61	61	(b) In order to establish such facts, the owner of the 36
62	62	motor vehicle shall provide the impounding agency an affidavit 37
63	63	setting forth detailed information supporting one of the 38
64	64	conditions set forth in subparagraph (a)1. 39
65	65	(c) All costs and fees for the impoundment must be paid by 40
66	66	the owner of the motor vehicle or, if the motor vehicle is 41
67	67	leased or rented, by the person leasing or renting the motor 42
68	68	vehicle. 43
69	69	(8) Notwithstanding subsection (7), any motor vehicle 44
70	70	involved in a violation of this section is deemed to be 45
71	71	contraband, which may be seized by a law enforcement agency and 46
72	72	is subject to forfeiture pursuant to ss. 932.701 -932.704. Any 47
73	73	vehicle not required to be titled under the laws of this state 48
74	74	is presumed to be the property of the person in possession of 49
75	75	the vehicle. 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb779-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	Section 2. This act shall take effect July 1, 2025. 51