| 1 | Representative Soto offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 13-16 and insert: |
| 5 | Section 1. Subsection (4) of section 316.191, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 316.191 Racing on highways.-- |
| 8 | (4) Whenever a law enforcement officer determines that a |
| 9 | person was engaged in a drag race or race, as described in |
| 10 | subsection (1), the officer may immediately arrest and take such |
| 11 | person into custody. The court may enter an order of impoundment |
| 12 | or immobilization as a condition of incarceration or probation. |
| 13 | Within 7 business days after the date the court issues the order |
| 14 | of impoundment or immobilization, the clerk of the court must |
| 15 | send notice by certified mail, return receipt requested, to the |
| 16 | registered owner of the motor vehicle, if the registered owner |
| 17 | is a person other than the defendant, and to each person of |
| 18 | record claiming a lien against the motor vehicle. |
| 19 | (a) Notwithstanding any provision of law to the contrary, |
| 20 | the impounding agency shall release a motor vehicle under the |
| 21 | conditions provided in s. 316.193(6)(e), (f), (g), and (h), if |
| 22 | the owner or agent presents a valid driver license at the time |
| 23 | of pickup of the motor vehicle. |
| 24 | (b) All costs and fees for the impoundment or |
| 25 | immobilization, including the cost of notification, must be paid |
| 26 | by the owner of the motor vehicle or, if the motor vehicle is |
| 27 | leased or rented, by the person leasing or renting the motor |
| 28 | vehicle, unless the impoundment or immobilization order is |
| 29 | dismissed. All provisions of s. 713.78 shall apply. |
| 30 | (c) Any motor vehicle used in violation of subsection (2) |
| 31 | may be impounded for a period of 30 10 business days if a law |
| 32 | enforcement officer has arrested and taken a person into custody |
| 33 | pursuant to this subsection and the person being arrested is the |
| 34 | registered owner or coowner of the motor vehicle. If the |
| 35 | arresting officer finds that the criteria of this paragraph are |
| 36 | met, the officer may immediately impound the motor vehicle. The |
| 37 | law enforcement officer shall notify the Department of Highway |
| 38 | Safety and Motor Vehicles of any impoundment for violation of |
| 39 | this subsection in accordance with procedures established by the |
| 40 | department. The provisions of paragraphs (a) and (b) shall be |
| 41 | applicable to such impoundment. |
| 42 | Section 2. (1) This section may be cited as the "Dori |
| 43 | Slosberg and Katie Marchetti Safety Belt Law." |
| 44 | (2) Subsections (6) and (8) of section 316.614, Florida |
| 45 | Statutes, are amended to read: |
| 46 |
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| 47 |
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| 48 | ----------------------------------------------------- |
| 49 | T I T L E A M E N D M E N T |
| 50 | Remove line 2 and insert: |
| 51 | An act relating to highway safety; amending s. 316.191, F.S.; |
| 52 | revising the amount of time a motor vehicle may be impounded |
| 53 | when used in violation of prohibitions against certain races, |
| 54 | competitions, contests, tests, and exhibitions on any highway, |
| 55 | roadway, or parking lot or to facilitate such race, competition, |
| 56 | contest, test, or exhibition; creating |