CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 710

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Silver moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 9, line 11, through page 10, line 20, delete

15  those lines

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17  and insert:

18         (d)  In addition to the penalty imposed under paragraph

19  (a), paragraph (b), or paragraph (c), the court shall also

20  order the impoundment or immobilization of a vehicle owned,

21  leased, or rented by the vehicle that was driven by, or in the

22  actual physical control of, the offender, unless the court

23  finds that the family of the owner of the vehicle has no other

24  public or private means of transportation. The period of

25  impoundment or immobilization is 10 days, or, for the second

26  conviction within 3 years, 30 days, or, for the third

27  conviction within 5 years, 90 days and may not be concurrent

28  with probation or imprisonment. If the vehicle is leased or

29  rented, the period of impoundment or immobilization may not

30  extend beyond the expiration of the lease or rental agreement.

31  Within 7 business days after the date that the court issues

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 710

    Amendment No.    





 1  the order of impoundment or immobilization, the clerk of the

 2  court shall send notice by certified mail, return receipt

 3  requested, to the registered owner of the vehicle if the

 4  registered owner is a person other than the offender and to

 5  each person of record claiming a lien against the immobilized

 6  or impounded vehicle. All costs and fees for the impoundment

 7  or immobilization, including the cost of notification, must be

 8  paid by the offender owner of the vehicle or, if the vehicle

 9  is leased or rented, by the person leasing or renting the

10  vehicle. The person who owns a vehicle that is impounded or

11  immobilized under this paragraph, or a person who has a lien

12  of record against such a vehicle, may, within 10 days after

13  the date that person has knowledge of the location of the

14  vehicle, file a complaint in the county in which the owner

15  resides to determine whether the vehicle was wrongfully taken

16  or withheld from the owner or lienholder. Upon the filing of a

17  complaint, the owner or lienholder may have the vehicle

18  released by posting with the court a bond or other adequate

19  security equal to the amount of the costs and fees for

20  impoundment or immobilization, including towing or storage, to

21  ensure the payment of such costs and fees if the owner or

22  lienholder does not prevail. When the bond is posted and the

23  fee is paid as set forth in s. 28.24, the clerk of the court

24  shall issue a certificate releasing the vehicle. At the time

25  of release, after reasonable inspection, the owner or

26  lienholder must give a receipt to the towing or storage

27  company indicating any loss or damage to the vehicle or to the

28  contents of the vehicle.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 710

    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 1, lines 16-20, delete those lines

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 5  and insert:

 6         s. 316.193, F.S.; providing that the vehicle to

 7         be impounded or immobilized need not be the

 8         vehicle involved in the D.U.I., but must be a

 9         vehicle owned, leased, or rented by the

10         offender; providing that the D.U.I. offender

11         will bear all costs and fees of impoundment or

12         immobilization of the vehicle, including cost

13         of notification; amending s. 321.051, F.S.;

14         revising

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