Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1588
       
       
       
       
       
       
                                Barcode 131834                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       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.