CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS/HB 3345
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Lee moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 24, between lines 29 and 30,
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16 insert:
17 Section 11. Subsection (6) of section 316.193, Florida
18 Statutes, is amended to read:
19 316.193 Driving under the influence; penalties.--
20 (6) With respect to any person convicted of a
21 violation of subsection (1), regardless of any penalty imposed
22 pursuant to subsection (2), subsection (3), or subsection (4):
23 (a) For the first conviction, the court shall place
24 the defendant on probation for a period not to exceed 1 year
25 and, as a condition of such probation, shall order the
26 defendant to participate in public service or a community work
27 project for a minimum of 50 hours; or the court may order
28 instead, that any defendant pay an additional fine of $10 for
29 each hour of public service or community work otherwise
30 required, if, after consideration of the residence or location
31 of the defendant at the time public service or community work
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SENATE AMENDMENT
Bill No. CS/HB 3345
Amendment No.
1 is required, payment of the fine is in the best interests of
2 the state. However, the total period of probation and
3 incarceration may not exceed 1 year. The court must also, as a
4 condition of probation, order the impoundment or
5 immobilization of the vehicle that was operated by or in the
6 actual control of the defendant or any one vehicle registered
7 in the defendant's name at the time of impoundment or
8 immobilization, for a period of 10 days or for the unexpired
9 term of any lease or rental agreement that expires within 10
10 days. The impoundment or immobilization must not occur
11 concurrently with the incarceration of the defendant. The
12 impoundment or immobilization order may be dismissed in
13 accordance with paragraph (e), paragraph (f), or paragraph
14 (g).
15 (b) For the second conviction for an offense that
16 occurs within a period of 5 years after the date of a prior
17 conviction for violation of this section, the court shall
18 order imprisonment for not less than 10 days. The court must
19 also, as a condition of probation, order the impoundment or
20 immobilization of the vehicle that was operated by or in the
21 actual control of the defendant or any one vehicle registered
22 in the defendant's name at the time of impoundment or
23 immobilization, for a period of 30 days or for the unexpired
24 term of any lease or rental agreement that expires within 30
25 days. The impoundment or immobilization must not occur
26 concurrently with the incarceration of the defendant. The
27 impoundment or immobilization order may be dismissed in
28 accordance with paragraph (e), paragraph (f), or paragraph
29 (g). At least 48 hours of confinement must be consecutive.
30 (c) For the third or subsequent conviction for an
31 offense that occurs within a period of 10 years after the date
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SENATE AMENDMENT
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Amendment No.
1 of a prior conviction for violation of this section, the court
2 shall order imprisonment for not less than 30 days. The court
3 must also, as a condition of probation, order the impoundment
4 or immobilization of the vehicle that was operated by or in
5 the actual control of the defendant or any one vehicle
6 registered in the defendant's name at the time of impoundment
7 or immobilization, for a period of 90 days or for the
8 unexpired term of any lease or rental agreement that expires
9 within 90 days. The impoundment or immobilization must not
10 occur concurrently with the incarceration of the defendant.
11 The impoundment or immobilization order may be dismissed in
12 accordance with paragraph (e), paragraph (f), or paragraph
13 (g). At least 48 hours of confinement must be consecutive.
14 (d) The court must at the time of sentencing the
15 defendant issue an order for the impoundment or immobilization
16 of a vehicle. Within 7 business days after the date that the
17 court issues the order of impoundment or immobilization, and
18 once again 30 business days before the actual impoundment or
19 immobilization of the vehicle, the clerk of the court must
20 send notice by certified mail, return receipt requested, to
21 the registered owner of each vehicle, if the registered owner
22 is a person other than the defendant, and to each person of
23 record claiming a lien against the vehicle.
24 (e) A person who owns but was not operating the
25 vehicle when the offense occurred may submit to the court a
26 police report indicating that the vehicle was stolen at the
27 time of the offense or documentation of having purchased the
28 vehicle after the offense was committed from an entity other
29 than the defendant or the defendant's agent. If the court
30 finds that the vehicle was stolen or that the sale was not
31 made to circumvent the order and allow the defendant continued
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SENATE AMENDMENT
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Amendment No.
1 access to the vehicle, the order must be dismissed and the
2 owner of the vehicle will incur no costs. If the court denies
3 the request to dismiss the order of impoundment or
4 immobilization, the petitioner may request an evidentiary
5 hearing.
6 (f) A person who owns but was not operating the
7 vehicle when the offense occurred, and whose vehicle was
8 stolen or who purchased the vehicle after the offense was
9 committed directly from the defendant or the defendant's
10 agent, may request an evidentiary hearing to determine whether
11 the impoundment or immobilization should occur. If the court
12 finds that either the vehicle was stolen or the purchase was
13 made without knowledge of the offense, that the purchaser had
14 no relationship to the defendant other than through the
15 transaction, and that such purchase would not circumvent the
16 order and allow the defendant continued access to the vehicle,
17 the order must be dismissed and the owner of the vehicle will
18 incur no costs.
19 (g) The court shall also dismiss the order of
20 impoundment or immobilization of the vehicle if the court
21 finds that the family of the owner of the vehicle has no other
22 private means of transportation.
23 (d) In addition to the penalty imposed under paragraph
24 (a), paragraph (b), or paragraph (c), the court shall also
25 order the impoundment or immobilization of the vehicle that
26 was driven by, or in the actual physical control of, the
27 offender, unless the court finds that the family of the owner
28 of the vehicle has no other public or private means of
29 transportation. The period of impoundment or immobilization is
30 10 days, or, for the second conviction within 3 years, 30
31 days, or, for the third conviction within 5 years, 90 days and
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Amendment No.
1 may not be concurrent with probation or imprisonment. If the
2 vehicle is leased or rented, the period of impoundment or
3 immobilization may not extend beyond the expiration of the
4 lease or rental agreement. Within 7 business days after the
5 date that the court issues the order of impoundment or
6 immobilization, the clerk of the court shall send notice by
7 certified mail, return receipt requested, to the registered
8 owner of the vehicle if the registered owner is a person other
9 than the offender and to each person of record claiming a lien
10 against the vehicle.
11 (h) All costs and fees for the impoundment or
12 immobilization, including the cost of notification, must be
13 paid by the owner of the vehicle or, if the vehicle is leased
14 or rented, by the person leasing or renting the vehicle,
15 unless the impoundment or immobilization order is dismissed.
16 All provisions of s. 713.78 shall apply.
17 (i) The person who owns a vehicle that is impounded or
18 immobilized under this paragraph, or a person who has a lien
19 of record against such a vehicle and who has not requested a
20 review of the impoundment pursuant to paragraph (e), paragraph
21 (f), or paragraph (g), may, within 10 days after the date that
22 person has knowledge of the location of the vehicle, file a
23 complaint in the county in which the owner resides to
24 determine whether the vehicle was wrongfully taken or withheld
25 from the owner or lienholder. Upon the filing of a complaint,
26 the owner or lienholder may have the vehicle released by
27 posting with the court a bond or other adequate security equal
28 to the amount of the costs and fees for impoundment or
29 immobilization, including towing or storage, to ensure the
30 payment of such costs and fees if the owner or lienholder does
31 not prevail. When the bond is posted and the fee is paid as
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SENATE AMENDMENT
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Amendment No.
1 set forth in s. 28.24, the clerk of the court shall issue a
2 certificate releasing the vehicle. At the time of release,
3 after reasonable inspection, the owner or lienholder must give
4 a receipt to the towing or storage company indicating any loss
5 or damage to the vehicle or to the contents of the vehicle.
6 (j)(e) A defendant, in the court's discretion, may be
7 required to serve all or any portion of a term of imprisonment
8 to which the defendant has been sentenced pursuant to this
9 section in a residential alcoholism treatment program or a
10 residential drug abuse treatment program. Any time spent in
11 such a program must be credited by the court toward the term
12 of imprisonment.
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14 For the purposes of this section, any conviction for a
15 violation of s. 327.35; a previous conviction for the
16 violation of former s. 316.1931, former s. 860.01, or former
17 s. 316.028; or a previous conviction outside this state for
18 driving under the influence, driving while intoxicated,
19 driving with an unlawful blood-alcohol level, driving with an
20 unlawful breath-alcohol level, or any other similar
21 alcohol-related or drug-related traffic offense, is also
22 considered a previous conviction for violation of this
23 section. However, in satisfaction of the fine imposed pursuant
24 to this section, the court may, upon a finding that the
25 defendant is financially unable to pay either all or part of
26 the fine, order that the defendant participate for a specified
27 additional period of time in public service or a community
28 work project in lieu of payment of that portion of the fine
29 which the court determines the defendant is unable to pay. In
30 determining such additional sentence, the court shall consider
31 the amount of the unpaid portion of the fine and the
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SENATE AMENDMENT
Bill No. CS/HB 3345
Amendment No.
1 reasonable value of the services to be ordered; however, the
2 court may not compute the reasonable value of services at a
3 rate less than the federal minimum wage at the time of
4 sentencing.
5 Section 12. Subsection (6) of section 327.35, Florida
6 Statutes, is amended to read:
7 327.35 Boating under the influence; penalties.--
8 (6) With respect to any person convicted of a
9 violation of subsection (1), regardless of any other penalty
10 imposed:
11 (a) For the first conviction, the court shall place
12 the defendant on probation for a period not to exceed 1 year
13 and, as a condition of such probation, shall order the
14 defendant to participate in public service or a community work
15 project for a minimum of 50 hours. The court must also, as a
16 condition of probation, order the impoundment or
17 immobilization of the vessel that was operated by or in the
18 actual control of the defendant or any one vehicle registered
19 in the defendant's name at the time of impoundment or
20 immobilization, for a period of 10 days or for the unexpired
21 term of any lease or rental agreement that expires within 10
22 days. The impoundment or immobilization must not occur
23 concurrently with the incarceration of the defendant. The
24 impoundment or immobilization order may be dismissed in
25 accordance with paragraph (e) or paragraph (f). The total
26 period of probation and incarceration may not exceed 1 year.
27 (b) For the second conviction for an offense that
28 occurs within a period of 5 years after the date of a prior
29 conviction for violation of this section, the court shall
30 order imprisonment for not less than 10 days. The court must
31 also, as a condition of probation, order the impoundment or
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SENATE AMENDMENT
Bill No. CS/HB 3345
Amendment No.
1 immobilization of the vessel that was operated by or in the
2 actual control of the defendant or any one vehicle registered
3 in the defendant's name at the time of impoundment or
4 immobilization, for a period of 30 days or for the unexpired
5 term of any lease or rental agreement that expires within 30
6 days. The impoundment or immobilization must not occur
7 concurrently with the incarceration of the defendant. The
8 impoundment or immobilization order may be dismissed in
9 accordance with paragraph (e) or paragraph (f). At least 48
10 hours of confinement must be consecutive.
11 (c) For the third or subsequent conviction for an
12 offense that occurs within a period of 10 years after the date
13 of a prior conviction for violation of this section, the court
14 shall order imprisonment for not less than 30 days. The court
15 must also, as a condition of probation, order the impoundment
16 or immobilization of the vessel that was operated by or in the
17 actual control of the defendant or any one vehicle registered
18 in the defendant's name at the time of impoundment or
19 immobilization, for a period of 90 days or for the unexpired
20 term of any lease or rental agreement that expires within 90
21 days. The impoundment or immobilization must not occur
22 concurrently with the incarceration of the defendant. The
23 impoundment or immobilization order may be dismissed in
24 accordance with paragraph (e) or paragraph (f). At least 48
25 hours of confinement must be consecutive.
26 (d) The court must at the time of sentencing the
27 defendant issue an order for the impoundment or immobilization
28 of a vessel. Within 7 business days after the date that the
29 court issues the order of impoundment, and once again 30
30 business days before the actual impoundment or immobilization
31 of the vessel, the clerk of the court must send notice by
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SENATE AMENDMENT
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Amendment No.
1 certified mail, return receipt requested, to the registered
2 owner of each vessel, if the registered owner is a person
3 other than the defendant, and to each person of record
4 claiming a lien against the vessel.
5 (e) A person who owns but was not operating the vessel
6 when the offense occurred may submit to the court a police
7 report indicating that the vessel was stolen at the time of
8 the offense or documentation of having purchased the vessel
9 after the offense was committed from an entity other than the
10 defendant or the defendant's agent. If the court finds that
11 the vessel was stolen or that the sale was not made to
12 circumvent the order and allow the defendant continued access
13 to the vessel, the order must be dismissed and the owner of
14 the vessel will incur no costs. If the court denies the
15 request to dismiss the order of impoundment or immobilization,
16 the petitioner may request an evidentiary hearing.
17 (f) A person who owns but was not operating the vessel
18 when the offense occurred, and whose vessel was stolen or who
19 purchased the vessel after the offense was committed directly
20 from the defendant or the defendant's agent, may request an
21 evidentiary hearing to determine whether the impoundment or
22 immobilization should occur. If the court finds that either
23 the vessel was stolen or the purchase was made without
24 knowledge of the offense, that the purchaser had no
25 relationship to the defendant other than through the
26 transaction, and that such purchase would not circumvent the
27 order and allow the defendant continued access to the vessel,
28 the order must be dismissed and the owner of the vessel will
29 incur no costs.
30 (d) In addition to any other penalty imposed, the
31 court shall also order the impoundment or immobilization of
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SENATE AMENDMENT
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Amendment No.
1 the vessel that was operated by, or in the actual physical
2 control of, the offender. The period of impoundment or
3 immobilization is 10 days, or, for the second conviction
4 within 3 years, 30 days, or, for the third conviction within 5
5 years, 90 days and may not be concurrent with probation or
6 imprisonment. If the vessel is leased or rented, the period of
7 impoundment or immobilization may not extend beyond the
8 expiration of the lease or rental agreement. Within 7 business
9 days after the date that the court issues the order of
10 impoundment or immobilization, the clerk of the court shall
11 send notice by certified mail, return receipt requested, to
12 the registered owner of the vessel if the registered owner is
13 a person other than the offender and to each person of record
14 claiming a lien against the vessel.
15 (g) All costs and fees for the impoundment or
16 immobilization, including the cost of notification, must be
17 paid by the owner of the vessel or, if the vessel is leased or
18 rented, by the person leasing or renting the vessel, unless
19 the impoundment or immobilization order is dismissed.
20 (h) The person who owns a vessel that is impounded or
21 immobilized under this paragraph, or a person who has a lien
22 of record against such a vessel and who has not requested a
23 review of the impoundment pursuant to paragraph (e) or
24 paragraph (f), may, within 10 days after the date that person
25 has knowledge of the location of the vessel, file a complaint
26 in the county in which the owner resides to determine whether
27 the vessel was wrongfully taken or withheld from the owner or
28 lienholder. Upon the filing of a complaint, the owner or
29 lienholder may have the vessel released by posting with the
30 court a bond or other adequate security equal to the amount of
31 the costs and fees for impoundment or immobilization,
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1 including towing or storage, to ensure the payment of the
2 costs and fees if the owner or lienholder does not prevail.
3 When the bond is posted and the fee is paid as set forth in s.
4 28.24, the clerk of the court shall issue a certificate
5 releasing the vessel. At the time of release, after reasonable
6 inspection, the owner or lienholder must give a receipt to the
7 towing or storage company indicating any loss or damage to the
8 vessel or to the contents of the vessel.
9 (i)(e) A defendant, in the court's discretion, may be
10 required to serve all or any portion of a term of imprisonment
11 to which the defendant has been sentenced pursuant to this
12 section in a residential alcoholism treatment program or a
13 residential drug abuse treatment program. Any time spent in
14 such a program must be credited by the court toward the term
15 of imprisonment.
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17 For the purposes of this section, any conviction for a
18 violation of s. 316.193, a previous conviction for the
19 violation of former s. 316.1931, former s. 860.01, or former
20 s. 316.028, or a previous conviction outside this state for
21 driving under the influence, driving while intoxicated,
22 driving with an unlawful blood-alcohol level, driving with an
23 unlawful breath-alcohol level, or any other similar
24 alcohol-related or drug-related traffic offense, is also
25 considered a previous conviction for violation of this
26 section.
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28 (Redesignate subsequent sections.)
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Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 2, line 5, after the semicolon
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5 insert:
6 amending s. 316.193; providing for impoundment
7 or immobilization of a vehicle; providing
8 circumstances for dismissal of the impoundment
9 or immobilization order; amending s. 327.35,
10 F.S.; providing for impoundment or
11 immobilization of a vessel; providing
12 circumstances for dismissal of a court's
13 impoundment or immobilization order;
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