Florida Senate - 2025 SB 1824 By Senator Martin 33-00661B-25 20251824__ 1 A bill to be entitled 2 An act relating to fleeing or attempting to elude a 3 law enforcement officer; amending s. 316.1935, F.S.; 4 authorizing a law enforcement agency to impound a 5 motor vehicle driven by a person who willfully flees 6 or attempts to elude a law enforcement officer; 7 requiring the impounding agency to provide certain 8 notifications; requiring the release of the impounded 9 motor vehicle in certain circumstances; requiring 10 that, in certain circumstances, the motor vehicle be 11 impounded for the remaining duration of a specified 12 period; requiring the vehicle owner, lessee, or 13 renter, as applicable, to pay all fees and costs for 14 the impoundment; providing applicability of certain 15 provisions related to liens for recovering, towing, or 16 storing vehicles; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1.Present subsection (7) of section 316.1935, 21 Florida Statutes, is redesignated as subsection (8) and amended, 22 and a new subsection (7) is added to that section, to read: 23 316.1935Fleeing or attempting to elude a law enforcement 24 officer; aggravated fleeing or eluding. 25 (7)A motor vehicle involved in a violation of this section 26 may be impounded for a period of 30 business days. A law 27 enforcement agency that impounds a vehicle under this subsection 28 shall make a diligent effort to notify the registered owner of 29 the vehicle that the vehicle has been impounded. The law 30 enforcement agency shall notify the Department of Highway Safety 31 and Motor Vehicles of the impoundment in accordance with 32 procedures established by the department. 33 (a)The law enforcement agency must release an impounded 34 motor vehicle to the vehicle owner or the owners agent if, at 35 the time of pickup, the owner or agent presents a valid driver 36 license and submits to the agency an affidavit establishing that 37 one of the following conditions applies: 38 1.The vehicle was, at the time of the violation, stolen. 39 The affidavit must be accompanied by a police report indicating 40 that the vehicle was stolen at the time of the violation. If the 41 vehicle owner fails to fully cooperate in the investigation or 42 prosecution of the alleged theft, or changes any statement made 43 to law enforcement in a manner that results in the termination 44 of the investigation or prosecution, the motor vehicle must be 45 impounded for the remaining duration of the 30-business day 46 impoundment period. 47 2.The vehicle was, at the time of the violation, in the 48 care, custody, or control of another person; the vehicle owner 49 identifies that person in a statement made under oath; and a 50 witness observed the other person driving the vehicle and 51 corroborates the vehicle owners statement. 52 3.The owners family or household member as defined in s. 53 741.28 has no other means of transportation, including walking, 54 biking, using a ride share, or transportation provided as 55 charity. 56 (b)An affidavit submitted in accordance with paragraph (a) 57 must include detailed information supporting the applicable 58 condition. 59 (c)All fees and costs for the impoundment must be paid by 60 the owner of the motor vehicle or, if the vehicle is leased or 61 rented, by the person leasing or renting the vehicle. Section 62 713.78 applies. 63 (8)(7)Notwithstanding subsection (7), any motor vehicle 64 involved in a violation of this section is deemed to be 65 contraband, which may be seized by a law enforcement agency and 66 is subject to forfeiture pursuant to ss. 932.701-932.704. Any 67 vehicle not required to be titled under the laws of this state 68 is presumed to be the property of the person in possession of 69 the vehicle. 70 Section 2.This act shall take effect July 1, 2025.