THE BILL ITSELF
SB 1378
Traffic Enforcement
Florida Senate - 2026 SB 1378 By Senator Martin 33-00629A-26 20261378__
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A bill to be entitled
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An act relating to traffic enforcement; amending s.
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316.194, F.S.; defining the term “abandoned vehicle”;
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revising the circumstances under which law enforcement
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officers and traffic accident investigation officers
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may provide for the removal of an abandoned vehicle to
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the nearest garage or place of safety; requiring that
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a notice that contains certain information be placed
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conspicuously on certain abandoned vehicles before
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such removal; amending s. 320.261, F.S.; prohibiting a
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person from operating a motor vehicle that the person
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knows bears a registration license plate or validation
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sticker that was not issued and assigned or lawfully
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transferred to the motor vehicle; providing criminal
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penalties; providing circumstances under which the
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element of knowledge is satisfied; providing a
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rebuttable presumption; amending s. 932.703, F.S.;
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specifying that using a motor vehicle to flee or
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attempt to elude a law enforcement officer is a
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circumstance under which a seizure of the motor
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vehicle may occur under the Florida Contraband
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Forfeiture Act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (1) through (4) of section
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316.194, Florida Statutes, are redesignated as subsections (2)
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through (5), respectively, a new subsection (1) is added to that
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section, and paragraph (b) of present subsection (3) of that
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section is amended, to read:
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316.194 Stopping, standing or parking outside of
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municipalities.—
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(1) As used in this section, the term “abandoned vehicle”
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means a vehicle that is in a state of disuse, neglect, or
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abandonment. The term includes a vehicle without a license
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plate, a vehicle with a license plate that is not registered to
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the vehicle, a vehicle that does not have a registration sticker
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affixed to the license plate, or a vehicle that has a
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registration sticker affixed to the license plate which has been
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expired for at least 90 days. Evidence of disuse, neglect, or
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abandonment includes, but is not limited to, the vehicle being
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wrecked and inoperative; the vehicle being inoperative as
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evidenced by vegetation growing under the vehicle as high as the
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vehicle body or frame; refuse or debris collected underneath the
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vehicle; the vehicle being used solely for storage purposes; the
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vehicle having major and visible parts that are dismantled; if
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the vehicle is partially dismantled, the vehicle having no
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engine, transmission, or other major and visible parts; the
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vehicle being incapable of functioning as a vehicle in its
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present state; the vehicle having only nominal salvage value; or
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the vehicle being in any physical state rendering it
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inoperative. If the primary apparent evidence of disuse,
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neglect, or abandonment is vegetation growing under the vehicle,
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an enforcement officer must use his or her training and
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experience to determine whether, under the totality of the
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circumstances, the vehicle is in a state of evident disuse,
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neglect, or abandonment.
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(4) (3)
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(b) Officers and traffic accident investigation officers
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may provide for the removal of any abandoned vehicle to the
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nearest garage or other place of safety, cost of such removal to
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be a lien against the motor vehicle, when an abandoned vehicle
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is found unattended upon a bridge or causeway or in a any
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tunnel, or on a any public highway in any of the following
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instances:
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1. Where the such vehicle constitutes an obstruction of
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traffic or blocks visibility such that it is an egregious safety
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hazard. ;
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2. Where the such vehicle is inoperative and has been
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parked or stored on the public right-of-way for a period
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exceeding 48 hours . , in other than designated parking areas, and
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is within 30 feet of the pavement edge; and
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3. Where an operative vehicle has been parked or stored on
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the public right-of-way for a period exceeding 10 days , in other
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than designated parking areas, and is more than 30 feet from the
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pavement edge . However, the agency removing such vehicle is
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shall be required to report same to the Department of Highway
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Safety and Motor Vehicles within 24 hours of such removal.
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Before removal of a vehicle under subparagraph 2. or
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subparagraph 3., a notice that describes the violation and
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provides the time period after which the vehicle will be removed
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must be attached to the vehicle in a conspicuous place.
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Section 2. Section 320.261, Florida Statutes, is amended to
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read:
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320.261 Attaching registration license plate not assigned
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unlawful; penalty.—
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(1) A Any person may not who knowingly attach attaches to a
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any motor vehicle or mobile home a any registration license
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plate , or who knowingly attach a attaches any validation sticker
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or mobile home sticker to a registration license plate, which
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plate or sticker was not issued and assigned or lawfully
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transferred to such vehicle or mobile home. A person who
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violates this subsection commits , is guilty of a misdemeanor of
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the second degree, punishable as provided in s. 775.082 or s.
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775.083.
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(2) A person who operates a motor vehicle with knowledge
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that the vehicle bears a registration license plate or
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validation sticker that was not issued and assigned or lawfully
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transferred to such vehicle commits a misdemeanor of the first
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degree, punishable as provided in s. 775.082 or s. 775.083.
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(3)(a) For purposes of this section, the element of
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knowledge is satisfied if the person:
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1. Admits to knowingly attaching or knowing about the
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attachment of the registration license plate, validation
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sticker, or mobile home sticker; or
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2. Has previously been charged with a violation of
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subsection (1).
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(b) There is a rebuttable presumption that the element of
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knowledge is satisfied if the driver of the vehicle is a
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registered owner of the vehicle.
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Section 3. Paragraph (a) of subsection (1) of section
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932.703, Florida Statutes, is amended to read:
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932.703 Forfeiture of contraband article; exceptions.—
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(1)(a) A contraband article, vessel, motor vehicle,
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aircraft, other personal property, or real property used in
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violation of any provision of the Florida Contraband Forfeiture
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Act, or in, upon, or by means of which any violation of the
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Florida Contraband Forfeiture Act has taken or is taking place,
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may be seized and shall be forfeited subject to the Florida
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Contraband Forfeiture Act. A seizure may occur only if the owner
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of the property is arrested for a criminal offense that forms
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the basis for determining that the property is a contraband
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article under s. 932.701, or one or more of the following
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circumstances apply:
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1. The owner of the property cannot be identified after a
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diligent search, or the person in possession of the property
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denies ownership and the owner of the property cannot be
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identified by means that are available to the employee or agent
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of the seizing agency at the time of the seizure;
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2. The owner of the property is a fugitive from justice or
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is deceased;
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3. An individual who does not own the property is arrested
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for a criminal offense that forms the basis for determining that
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the property is a contraband article under s. 932.701 and the
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owner of the property had actual knowledge of the criminal
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activity. Evidence that an owner received written notification
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from a law enforcement agency and acknowledged receipt of the
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notification in writing, that the seized asset had been used in
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violation of the Florida Contraband Forfeiture Act on a prior
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occasion by the arrested person, may be used to establish actual
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knowledge;
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4. The owner of the property agrees to be a confidential
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informant as defined in s. 914.28. The seizing agency may not
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use the threat of property seizure or forfeiture to coerce the
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owner of the property to enter into a confidential informant
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agreement. The seizing agency shall return the property to the
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owner if criminal charges are not filed against the owner and
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the active criminal investigation ends or if the owner ceases
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being a confidential informant, unless the agency includes the
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final forfeiture of the property as a component of the
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confidential informant agreement; or
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5. The property is a monetary instrument. For purposes of
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this subparagraph, the term “monetary instrument” means coin or
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currency of the United States or any other country; a traveler’s
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check; a personal check; a bank check; a cashier’s check; a
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money order; a bank draft of any country; an investment security
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or negotiable instrument in bearer form or in other form such
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that title passes upon delivery; a prepaid or stored value card
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or other device that is the equivalent of money and can be used
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to obtain cash, property, or services; or gold, silver, or
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platinum bullion or coins ; or
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6. The property is a motor vehicle used in violation of s.
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316.1935 .
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Section 4. This act shall take effect July 1, 2026.