Florida 2025 Regular Session

Florida House Bill H0779 Latest Draft

Bill / Introduced Version Filed 02/19/2025

                               
 
HB 779   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb779-00 
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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 
 
 
 
A bill to be entitled 1 
An act relating to impounding motor vehicles; amending 2 
s. 316.1935, F.S.; establishing procedures for 3 
impounding motor vehicles involved in fleeing or 4 
eluding a law enforcement officer; providing 5 
conditions for releasing such an impounded motor 6 
vehicle; providing for payment of impoundment costs 7 
and fees; providing an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Subsection (7) of section 316.1935, Florida 12 
Statutes, is amended, and subsection (8) is added to that 13 
section, to read: 14 
 316.1935  Fleeing or attempting to elude a law enforcement 15 
officer; aggravated fleeing or eluding. — 16 
 (7)  Any motor vehicle involved in a violation of this 17 
section may be impounded for up to 30 business days. The 18 
impounding agency shall make a diligent effort to notify the 19 
registered owner of the impounded motor vehicle. The law 20 
enforcement officer shall notify the department of any 21 
impoundment for violation of this subsection in accordance with 22 
procedures established by the department. 23 
 (a)  The impounding agency must release a motor vehicle if: 24 
 1.  The owner can establish that: 25     
 
HB 779   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb779-00 
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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 
 
 
 
 a.  The owner was not operating the motor vehicle when the 26 
offense occurred because the motor vehicle was stolen at the 27 
time of the offense, as evidenced by a police report; 28 
 b.  The family or household members, as defined in s. 29 
741.28, of the owner of the motor vehicle have no other means of 30 
transportation; or 31 
 c. The motor vehicle was, at the time of the violation, in 32 
the care, custody, or control of another person; and 33 
 2.  The owner or the owner's agent presents a valid driver 34 
license at the time of pickup of the motor vehicle. 35 
 (b)  In order to establish such facts, the owner of the 36 
motor vehicle shall provide the impounding agency an affidavit 37 
setting forth detailed information supporting one of the 38 
conditions set forth in subparagraph (a)1. 39 
 (c)  All costs and fees for the impoundment must be paid by 40 
the owner of the motor vehicle or, if the motor vehicle is 41 
leased or rented, by the person leasing or renting the motor 42 
vehicle.  43 
 (8)  Notwithstanding subsection (7), any motor vehicle 44 
involved in a violation of this section is deemed to be 45 
contraband, which may be seized by a law enforcement agency and 46 
is subject to forfeiture pursuant to ss. 932.701 -932.704. Any 47 
vehicle not required to be titled under the laws of this state 48 
is presumed to be the property of the person in possession of 49 
the vehicle. 50     
 
HB 779   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb779-00 
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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 
 
 
 
 Section 2. This act shall take effect July 1, 2025. 51