Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 1588 Barcode 131834 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/14/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Altman) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. 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 criteria 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, directly 27 to the person impounding or immobilizing the vehicle unless the 28 impoundment or immobilization order is dismissed. All provisions 29 of s. 713.78 shall apply. 30 31 For the purposes of this section, any conviction for a violation 32 of s. 327.35; a previous conviction for the violation of former 33 s. 316.1931, former s. 860.01, or former s. 316.028; or a 34 previous conviction outside this state for driving under the 35 influence, driving while intoxicated, driving with an unlawful 36 blood-alcohol level, driving with an unlawful breath-alcohol 37 level, or any other similar alcohol-related or drug-related 38 traffic offense, is also considered a previous conviction for 39 violation of this section. However, in satisfaction of the fine 40 imposed pursuant to this section, the court may, upon a finding 41 that the defendant is financially unable to pay either all or 42 part of the fine, order that the defendant participate for a 43 specified additional period of time in public service or a 44 community work project in lieu of payment of that portion of the 45 fine which the court determines the defendant is unable to pay. 46 In determining such additional sentence, the court shall 47 consider the amount of the unpaid portion of the fine and the 48 reasonable value of the services to be ordered; however, the 49 court may not compute the reasonable value of services at a rate 50 less than the federal minimum wage at the time of sentencing. 51 (13) If personnel of the circuit court or the sheriff do 52 not immobilize vehicles, only immobilization agencies that meet 53 the criteria of this subsection shall immobilize vehicles in 54 that judicial circuit. The immobilization agency responsible for 55 immobilizing vehicles in that judicial circuit is subject to 56 strict compliance with all of the following criteria and 57 restrictions: 58 (a) Any immobilization agency engaged in the business of 59 immobilizing vehicles shall: 60 1. Have a class “R” license issued pursuant to part IV of 61 chapter 493; 62 2. Have at least 3 years of verifiable experience in 63 immobilizing vehicles; and 64 3. Maintain accurate and complete records of all payments 65 for the immobilization, copies of all documents pertaining to 66 the court’s order of impoundment or immobilization, and any 67 other documents relevant to each immobilization. These records 68 shall be maintained by the immobilization agency for at least 3 69 years. 70 (b) The person who immobilizes a vehicle must never have 71 been convicted of any felony or of driving or boating under the 72 influence of alcohol or controlled substances. 73 (c) A person who violates paragraph (a) or paragraph (b) 74 commits a misdemeanor of the first degree, punishable as 75 provided in s. 775.082 or s. 775.083. 76 (d) An immobilization agency that is aggrieved by a 77 person’s violation of paragraph (a) or paragraph (b) may bring a 78 civil action against the person who violated paragraph (a) or 79 paragraph (b) seeking injunctive relief, damages, reasonable 80 attorney’s fees and costs, and any other remedy available at law 81 or in equity as may be necessary to enforce this subsection. 82 (e) If, in any action to enforce this subsection, it is 83 proven that a person violated paragraph (a) or paragraph (b), 84 that proof conclusively establishes a clear legal right to 85 injunctive relief, that irreparable harm will be caused if an 86 injunction does not issue, that no adequate remedy at law 87 exists, and that public policy favors issuance of injunctive 88 relief. 89 (14) As used in this chapter, the term: 90 (a) “Immobilization,” “immobilizing,” or “immobilize” means 91 the act of installing a vehicle antitheft device on the steering 92 wheel of a vehicle pursuant to an order of impoundment or 93 immobilization under subsection (6) to prevent any person from 94 operating the vehicle. 95 (b) “Immobilization agency,” or “immobilization agencies” 96 means any firm, company, agency, organization, partnership, 97 corporation, association, trust, or other business entity of any 98 kind which meets all of the criteria of subsection (13). 99 (c) “Impoundment,” “impounding,” or “impound” means the act 100 of storing a vehicle at a storage facility pursuant to an order 101 of impoundment or immobilization under subsection (6) where the 102 person impounding the vehicle exercises control, supervision, 103 and responsibility over the vehicle. 104 (d) “Person” means any individual, firm, company, agency, 105 organization, partnership, corporation, association, trust, or 106 other business entity of any kind. 107 Section 2. This act shall take effect July 1, 2009. 108 109 ================= T I T L E A M E N D M E N T ================ 110 And the title is amended as follows: 111 Delete everything before the enacting clause 112 and insert: 113 A bill to be entitled 114 An act relating to the impoundment or immobilization 115 of vehicles; amending s. 316.193, F.S.; requiring the 116 court to include the name and address of 117 immobilization agencies that meet the requirements of 118 law in the order of impoundment or immobilization; 119 requiring the person whose vehicle is ordered to be 120 impounded or immobilized to pay the impoundment or 121 immobilization fees and costs directly to the person 122 impounding or immobilizing the vehicle; establishing 123 professional criteria for immobilization agencies 124 engaged in the business of immobilizing vehicles in 125 judicial circuits where personnel of the court or 126 sheriff do not immobilize vehicles; providing that it 127 is a misdemeanor of the first degree for a person to 128 fail to comply with the requirements necessary to 129 immobilize a vehicle; authorizing a person to initiate 130 a civil suit against a person who fails to comply with 131 the requirements to immobilize a vehicle; providing 132 for attorney’s fees and costs; defining terms; 133 providing an effective date.