Amendment
Bill No. CS/HB 1179

Amendment No. 973049

CHAMBER ACTION
Senate		House
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1	Representative Bovo offered the following:
2
3	Amendment (with title amendment)
4	Between lines 475 and 476, insert:
5	Section 11.  Paragraphs (d) and (i) of subsection (6) of
6	section 316.193, Florida Statutes, are amended, and subsections
7	(13) and (14) are added to that section, to read:
8	316.193  Driving under the influence; penalties.--
9	(6)  With respect to any person convicted of a violation of
10	subsection (1), regardless of any penalty imposed pursuant to
11	subsection (2), subsection (3), or subsection (4):
12	(d)  The court must at the time of sentencing the defendant
13	issue an order for the impoundment or immobilization of a
14	vehicle. The order of impoundment or immobilization must include
15	the name and telephone numbers of all immobilization agencies
16	meeting all of the conditions of subsection (13). Within 7
17	business days after the date that the court issues the order of
18	impoundment or immobilization, the clerk of the court must send
19	notice by certified mail, return receipt requested, to the
20	registered owner of each vehicle, if the registered owner is a
21	person other than the defendant, and to each person of record
22	claiming a lien against the vehicle.
23	(i)  All costs and fees for the impoundment or
24	immobilization, including the cost of notification, must be paid
25	by the owner of the vehicle or, if the vehicle is leased or
26	rented, by the person leasing or renting the vehicle, unless the
27	impoundment or immobilization order is dismissed. All provisions
28	of s. 713.78 shall apply. The costs and fees for the impoundment
29	or immobilization must be paid directly to the person impounding
30	or immobilizing the vehicle.
31
32	For the purposes of this section, any conviction for a violation
33	of s. 327.35; a previous conviction for the violation of former
34	s. 316.1931, former s. 860.01, or former s. 316.028; or a
35	previous conviction outside this state for driving under the
36	influence, driving while intoxicated, driving with an unlawful
37	blood-alcohol level, driving with an unlawful breath-alcohol
38	level, or any other similar alcohol-related or drug-related
39	traffic offense, is also considered a previous conviction for
40	violation of this section. However, in satisfaction of the fine
41	imposed pursuant to this section, the court may, upon a finding
42	that the defendant is financially unable to pay either all or
43	part of the fine, order that the defendant participate for a
44	specified additional period of time in public service or a
45	community work project in lieu of payment of that portion of the
46	fine which the court determines the defendant is unable to pay.
47	In determining such additional sentence, the court shall
48	consider the amount of the unpaid portion of the fine and the
49	reasonable value of the services to be ordered; however, the
50	court may not compute the reasonable value of services at a rate
51	less than the federal minimum wage at the time of sentencing.
52	(13)  If personnel of the circuit court or the sheriff do
53	not immobilize vehicles, only immobilization agencies that meet
54	the conditions of this subsection shall immobilize vehicles in
55	that judicial circuit.
56	(a)  The immobilization agency responsible for immobilizing
57	vehicles in that judicial circuit shall be subject to strict
58	compliance with all of the following conditions and restrictions:
59	1.  Any immobilization agency engaged in the business of
60	immobilizing vehicles shall:
61	a.  Have a class "R" license issued pursuant to part IV of
62	chapter 493;
63	b.  Have at least 3 years of verifiable experience in
64	immobilizing vehicles; and
65	c.  Maintain accurate and complete records of all payments
66	for the immobilization, copies of all documents pertaining to
67	the court's order of impoundment or immobilization, and any
68	other documents relevant to each immobilization. Such records
69	must be maintained by the immobilization agency for at least 3
70	years.
71	2.  The person who immobilizes a vehicle must never have
72	been convicted of any felony or of driving or boating under the
73	influence of alcohol or a controlled substance in the last 3
74	years.
75	(b)  A person who violates paragraph (a) commits a
76	misdemeanor of the first degree, punishable as provided in s.
77	775.082 or s. 775.083.
78	(c)  Any immobilization agency who is aggrieved by a
79	person's violation of paragraph (a) may bring a civil action
80	against the person who violated paragraph (a) seeking injunctive
81	relief, damages, reasonable attorney's fees and costs, and any
82	other remedy available at law or in equity as may be necessary
83	to enforce this subsection. In any action to enforce this
84	subsection, establishment of a violation of paragraph (a) shall
85	conclusively establish a clear legal right to injunctive relief,
86	that irreparable harm will be caused if an injunction does not
87	issue, that no adequate remedy at law exists, and that public
88	policy favors issuance of injunctive relief.
89	(14)  As used in this chapter, the term:
90	(a)  "Immobilization," "immobilizing," or "immobilize"
91	means the act of installing a vehicle antitheft device on the
92	steering wheel of a vehicle, the act of placing a tire lock or
93	wheel clamp on a vehicle, or a governmental agency's act of
94	taking physical possession of the license tag and vehicle
95	registration rendering a vehicle legally inoperable to prevent
96	any person from operating the vehicle pursuant to an order of
97	impoundment or immobilization under subsection (6).
98	(b)  "Immobilization agency" or "immobilization agencies"
99	means any firm, company, agency, organization, partnership,
100	corporation, association, trust, or other business entity of any
101	kind whatsoever that meets all of the conditions of subsection
102	(13).
103	(c)  "Impoundment," "impounding," or "impound" means the
104	act of storing a vehicle at a storage facility pursuant to an
105	order of impoundment or immobilization under subsection (6)
106	where the person impounding the vehicle exercises control,
107	supervision, and responsibility over the vehicle.
108	(d)  "Person" means any individual, firm, company, agency,
109	organization, partnership, corporation, association, trust, or
110	other business entity of any kind whatsoever.
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112
113	----------------------------------------------------
114	T I T L E  A M E N D M E N T
115	Remove line 35 and insert:
116	amending s. 316.193, F.S.; requiring the court to include
117	in the order of impoundment or immobilization the names
118	and telephone numbers of immobilization agencies that meet
119	specified requirements; requiring the person whose vehicle
120	is ordered to be impounded or immobilized to pay the
121	impoundment or immobilization fees and costs directly to
122	the person impounding or immobilizing the vehicle;
123	establishing conditions and restrictions for
124	immobilization agencies who are engaged in the business of
125	immobilizing vehicles in judicial circuits where personnel
126	of the court or sheriff do not immobilize vehicles;
127	providing penalties for violating such conditions and
128	restrictions; authorizing aggrieved immobilization agency
129	to initiate a civil action against a person who commits
130	such violation; providing for attorney's fees and costs;
131	defining the terms "immobilization," "immobilize,"
132	"immobilizing," "immobilization agency," "immobilization
133	agencies," "impound," "impounding," "impoundment," and
134	"person"; providing an effective date.

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