1 | A bill to be entitled |
2 | An act relating to the impoundment or immobilization of |
3 | vehicles; amending s. 316.193, F.S.; providing that for a |
4 | first conviction for driving under the influence of |
5 | alcohol or a controlled substance, in addition to other |
6 | penalties imposed by the court, the court must order that |
7 | the person's vehicle be impounded or immobilized for 10 |
8 | days and that the person pay an impoundment or |
9 | immobilization fee of $200 per vehicle; providing that for |
10 | a second conviction for driving under the influence of |
11 | alcohol or a controlled substance, the court must order |
12 | that the person's vehicle be impounded or immobilized for |
13 | 30 days and that the offender pay an impoundment or |
14 | immobilization fee of $300 per vehicle; providing that for |
15 | a third or subsequent conviction for driving under the |
16 | influence of alcohol or a controlled substance, the court |
17 | must order that the person's vehicle be impounded or |
18 | immobilized for 90 days and that the offender pay an |
19 | impoundment or immobilization fee of $400 per vehicle; |
20 | requiring the court to include the name and address of the |
21 | impound or immobilization agency in the order impounding |
22 | or immobilizing the vehicle; requiring the person whose |
23 | vehicle is impounded or immobilized to pay an |
24 | administration fee to the impoundment agency; establishing |
25 | professional criteria for persons who are engaged in the |
26 | business of impounding or immobilizing vehicles in |
27 | judicial circuits where personnel of the court or sheriff |
28 | do not impound or immobilize vehicles; providing that a |
29 | person commits a misdemeanor of the first degree if he or |
30 | she violates the provisions to qualify a person to impound |
31 | or immobilize a vehicle; authorizing a person to initiate |
32 | a civil suit against a person who fails to comply with |
33 | requirements for qualifying to impound or immobilize a |
34 | vehicle; providing for attorney's fees and costs; defining |
35 | the terms "immobilization," "immobilize," and |
36 | "immobilizing," and "impound," "impounding," and |
37 | "impoundment"; providing an effective date. |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. Paragraphs (a), (b), (c), (d), and (i) of |
42 | subsection (6) of section 316.193, Florida Statutes, are |
43 | amended, and subsections (13) and (14) are added to that |
44 | section, to read: |
45 | 316.193 Driving under the influence; penalties.-- |
46 | (6) With respect to any person convicted of a violation of |
47 | subsection (1), regardless of any penalty imposed pursuant to |
48 | subsection (2), subsection (3), or subsection (4): |
49 | (a) For the first conviction, the court shall place the |
50 | defendant on probation for a period not to exceed 1 year and, as |
51 | a condition of such probation, shall order the defendant to |
52 | participate in public service or a community work project for a |
53 | minimum of 50 hours; or the court may order instead, that any |
54 | defendant pay an additional fine of $10 for each hour of public |
55 | service or community work otherwise required, if, after |
56 | consideration of the residence or location of the defendant at |
57 | the time public service or community work is required, payment |
58 | of the fine is in the best interests of the state. However, the |
59 | total period of probation and incarceration may not exceed 1 |
60 | year. The court must also, as a condition of probation, order |
61 | the impoundment or immobilization of the vehicle that was |
62 | operated by or in the actual control of the defendant or any one |
63 | vehicle registered in the defendant's name at the time of |
64 | impoundment or immobilization, for a period of 10 days or for |
65 | the unexpired term of any lease or rental agreement that expires |
66 | within 10 days. The fee for a 10-day period of impoundment or |
67 | immobilization shall be $200, plus an annual percentage increase |
68 | based on the Annual Consumer Price Index compiled by the United |
69 | States Department of Labor, beginning with the Annual Consumer |
70 | Price Index announced by the United States Department of Labor |
71 | for 2010. The impoundment or immobilization must not occur |
72 | concurrently with the incarceration of the defendant. The |
73 | impoundment or immobilization order may be dismissed in |
74 | accordance with paragraph (e), paragraph (f), paragraph (g), or |
75 | paragraph (h). |
76 | (b) For the second conviction for an offense that occurs |
77 | within a period of 5 years after the date of a prior conviction |
78 | for violation of this section, the court shall order |
79 | imprisonment for not less than 10 days. The court must also, as |
80 | a condition of probation, order the impoundment or |
81 | immobilization of all vehicles owned by the defendant at the |
82 | time of impoundment or immobilization, for a period of 30 days |
83 | or for the unexpired term of any lease or rental agreement that |
84 | expires within 30 days. The fee for a 30-day period of |
85 | impoundment or immobilization shall be $300 per vehicle, plus an |
86 | annual percentage increase based on the Annual Consumer Price |
87 | Index compiled by the United States Department of Labor, |
88 | beginning with the Annual Consumer Price Index announced by the |
89 | United States Department of Labor for 2010. The impoundment or |
90 | immobilization must not occur concurrently with the |
91 | incarceration of the defendant and must occur concurrently with |
92 | the driver's license revocation imposed under s. 322.28(2)(a)2. |
93 | The impoundment or immobilization order may be dismissed in |
94 | accordance with paragraph (e), paragraph (f), paragraph (g), or |
95 | paragraph (h). At least 48 hours of confinement must be |
96 | consecutive. |
97 | (c) For the third or subsequent conviction for an offense |
98 | that occurs within a period of 10 years after the date of a |
99 | prior conviction for violation of this section, the court shall |
100 | order imprisonment for not less than 30 days. The court must |
101 | also, as a condition of probation, order the impoundment or |
102 | immobilization of all vehicles owned by the defendant at the |
103 | time of impoundment or immobilization, for a period of 90 days |
104 | or for the unexpired term of any lease or rental agreement that |
105 | expires within 90 days. The fee for a 90-day period of |
106 | impoundment or immobilization shall be $400 per vehicle, plus an |
107 | annual percentage increase based on the Annual Consumer Price |
108 | Index compiled by the United States Department of Labor, |
109 | beginning with the Annual Consumer Price Index announced by the |
110 | United States Department of Labor for 2010. The impoundment or |
111 | immobilization must not occur concurrently with the |
112 | incarceration of the defendant and must occur concurrently with |
113 | the driver's license revocation imposed under s. 322.28(2)(a)3. |
114 | The impoundment or immobilization order may be dismissed in |
115 | accordance with paragraph (e), paragraph (f), paragraph (g), or |
116 | paragraph (h). At least 48 hours of confinement must be |
117 | consecutive. |
118 | (d) The court must at the time of sentencing the defendant |
119 | issue an order for the impoundment or immobilization of a |
120 | vehicle which must include the name and telephone number of the |
121 | impoundment or immobilization agency. Within 7 business days |
122 | after the date that the court issues the order of impoundment or |
123 | immobilization, the clerk of the court must send notice by |
124 | certified mail, return receipt requested, to the registered |
125 | owner of each vehicle, if the registered owner is a person other |
126 | than the defendant, and to each person of record claiming a lien |
127 | against the vehicle. |
128 | (i) All costs and fees for the impoundment or |
129 | immobilization, including the cost of notification and a $50 |
130 | administrative cost payable to the impoundment agency, must be |
131 | paid by the owner of the vehicle or, if the vehicle is leased or |
132 | rented, by the person leasing or renting the vehicle, unless the |
133 | impoundment or immobilization order is dismissed. All provisions |
134 | of s. 713.78 shall apply. |
135 |
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136 | For the purposes of this section, any conviction for a violation |
137 | of s. 327.35; a previous conviction for the violation of former |
138 | s. 316.1931, former s. 860.01, or former s. 316.028; or a |
139 | previous conviction outside this state for driving under the |
140 | influence, driving while intoxicated, driving with an unlawful |
141 | blood-alcohol level, driving with an unlawful breath-alcohol |
142 | level, or any other similar alcohol-related or drug-related |
143 | traffic offense, is also considered a previous conviction for |
144 | violation of this section. However, in satisfaction of the fine |
145 | imposed pursuant to this section, the court may, upon a finding |
146 | that the defendant is financially unable to pay either all or |
147 | part of the fine, order that the defendant participate for a |
148 | specified additional period of time in public service or a |
149 | community work project in lieu of payment of that portion of the |
150 | fine which the court determines the defendant is unable to pay. |
151 | In determining such additional sentence, the court shall |
152 | consider the amount of the unpaid portion of the fine and the |
153 | reasonable value of the services to be ordered; however, the |
154 | court may not compute the reasonable value of services at a rate |
155 | less than the federal minimum wage at the time of sentencing. |
156 | (13) If personnel of the circuit court or the sheriff do |
157 | not impound or immobilize vehicles, the person responsible for |
158 | impounding or immobilizing vehicles in that judicial circuit is |
159 | subject to strict compliance with the following conditions and |
160 | restrictions: |
161 | (a) Any person engaged in the business of impounding or |
162 | immobilizing vehicles shall: |
163 | 1. Have a class "R" license issued pursuant to part IV of |
164 | chapter 493; |
165 | 2. Have at least 1 year of verifiable experience in |
166 | immobilizing or impounding vehicles; |
167 | 3. Have a storage facility within the judicial circuit of |
168 | not less than 10,000 square feet. However, if a judicial circuit |
169 | has fewer than 1,000 convictions for driving under the influence |
170 | based on the Florida Uniform Traffic Citations Statistic Report, |
171 | beginning with the 2008 Florida Uniform Traffic Citations |
172 | Statistic Report, the storage facility must be not less than |
173 | 5,000 square feet. The storage facility must be licensed in the |
174 | name of the person who impounds or immobilizes vehicles by the |
175 | local government where the storage facility is located; and |
176 | 4. Maintain accurate and complete records of all payments |
177 | for the impoundment or immobilization, copies of all documents |
178 | pertaining to the court's order of impoundment or |
179 | immobilization, and any other documents relevant to each |
180 | impoundment or immobilization. These records must be maintained |
181 | by the impoundment or immobilization operator for at least 3 |
182 | years. |
183 | (b) The individual who impounds or immobilizes a vehicle |
184 | must not have been convicted of any felony or of driving or |
185 | boating under the influence of alcohol or controlled substances. |
186 | (c) A person who violates paragraph (a) or paragraph (b) |
187 | commits a misdemeanor of the first degree, punishable as |
188 | provided in s. 775.082 or s. 775.083. |
189 | (d) Any person who is aggrieved by a person's violation of |
190 | paragraph (a) may bring a civil action against the person |
191 | seeking injunctive relief, actual damages, reasonable attorney's |
192 | fees and costs, and any other remedy available at law or in |
193 | equity. |
194 | (14) As used in this chapter, the terms: |
195 | (a) "Immobilization," "immobilizing," or "immobilize" mean |
196 | the act of installing a vehicle antitheft device on the steering |
197 | wheel of a vehicle to prevent any person from operating the |
198 | vehicle. |
199 | (b) "Impoundment," "impounding," or "impound" means the |
200 | act of storing a vehicle at a storage facility where the person |
201 | impounding the vehicle exercises control, supervision, and |
202 | responsibility over the vehicle. |
203 | Section 2. This act shall take effect July 1, 2009. |