Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. HB 1021, 1st Eng.
       
       
       
       
       
       
                                Barcode 687314                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/28/2009 04:41 PM       .                                
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       Senator Constantine moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 646 and 647
    4  insert:
    5         Section 8. Paragraph (c) of subsection (4) of section
    6  316.191, Florida 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         (c) Any motor vehicle used in violation of subsection (2)
   20  may be impounded for 30 a period of 10 business days if a law
   21  enforcement officer has arrested and taken a person into custody
   22  pursuant to this subsection and the person being arrested is the
   23  registered owner or coowner of the motor vehicle. If the
   24  arresting officer finds that the criteria of this paragraph are
   25  met, the officer may immediately impound the motor vehicle. The
   26  law enforcement officer shall notify the department of Highway
   27  Safety and Motor Vehicles of any impoundment for violation of
   28  this subsection in accordance with procedures established by the
   29  department. The provisions of paragraphs (a) and (b) are shall
   30  be applicable to such impoundment.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33         And the title is amended as follows:
   34         Delete line 34
   35  and insert:
   36         conforming a cross-reference; amending s. 316.191,
   37         F.S.; increasing the time period that a vehicle may be
   38         impounded for certain violations of state law relating
   39         to racing on highways; amending s. 334.044, F.S.;