Policy Text
POLICY
173.0SEIZURE OF VEHICLE TAGS
REVISED: 11/2011 RELATED POLICIES:
Reviewed by Chief David Magnusson
4/2019
A."The Department of Highway Safety and Motor Vehicles will program the driver license
data base to include a notation on each applicable driving record when the license has
been suspended for inadequate insurance. The notation will specifically state "SEIZE
TAG." An officer should not attempt to enforce Section 324.201, Florida Statutes, unless
the driver license status check states "SEIZE TAG."
B.When a driver license status check specifies "SEIZE TAG," the officer must make certain
that the driver is also the sole owner of the vehicle by confirming the vehicle registration.
NOTE: If the registration identifies joint ownership of the vehicle (i.e., John and Jane
Smith or ownership by anyone [including a business or corporation] other than the driver)
the license plate may not be seized under the authority of Section 324.201, FLA.
STATUTE.
C.Once it is established that the driver is the sole owner of the vehicle, the officer should:
1.Take steps to obtain a printout of the driver license status check. This printout will
represent the agency's/officer's authority to remove the license plate from the
vehicle (for court presentation purposes).
2.Remove the tag from the vehicle.
3.Issue a citation for driving with a suspended license and any other applicable
violations. In the space provided for "OTHER VIOLATIONS OR COMMENTS
PERTAINING TO OFFENSE" insert that the license plate was seized by writing
"SEIZE TAG" together with the license plate number (e.g., SEIZE TAG
#XYZ-123). Also, note that the DRIVER'S LICENSE was SEIZED. The citation
thus documents the custody of the tag and driver's license and represents a receipt
issued to the vehicle owner.
NOTE: Simple proof of insurance presented by the owner shall not be sufficient
to keep the officer from picking up the tag as the driver's license or motor vehicle
registration could still be under suspension until the reinstatement fee is paid.
However, proof of insurance along with a receipt showing payment of the
reinstatement fee would be sufficient to keep the officer from picking up the tag.
D.Assuming a driver's license was presented to the officer, it should not be returned to the
driver.
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E.The vehicle should be removed from the location in accordance with established
procedures of the law enforcement agency. Under no circumstances should the owner be
permitted to drive the vehicle to another location.
F.The officer should inform the owner of the following:
1.Obtain proof of insurance.
2.Go to County Court House and have his/her driving privileges reinstated
3.Another license plate may be obtained at a local tag office after his/her driving
privilege has been reinstated. (The owner will not be issued the same plate that
was seized.)
G.The tow truck operator will, as a part of the tow service, remove the license plate and turn
it over to the officer. The officer will:
1.Complete an offense report for a traffic complaint.
2.Complete a tow slip.
3.Deliver a property receipt, driver's license (if applicable) and a photocopy of the
traffic citation to the Property Locker.
H.The Property Custodian will be responsible for delivery of these items to the Drivers
License Office within five days after the plate was seized. The law enforcement agency
shall not return the license plate to the owner, even though proof of current insurance is
presented and the driver license data base has been cleared of the offense.
I.Driver License Personnel will issue the agency/officer a receipt for the license plate. The
receipt should be maintained with the other documents relating to the case, because it
represents a change in the chain-of-custody of the plate.
J.One-third of the reinstatement fee will automatically be forwarded to the applicable law
enforcement agency by the end of the second month after the driver reinstates his/her
driving privilege.
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