Florida Senate - 2009                                    SB 1588
       
       
       
       By Senator Altman
       
       
       
       
       24-01653-09                                           20091588__
    1                        A bill to be entitled                      
    2         An act relating to the impoundment or immobilization
    3         of vehicles; amending s. 316.193, F.S.; providing that
    4         for a first conviction for driving under the influence
    5         of alcohol or a controlled substance, in addition to
    6         other penalties imposed by the court, the court must
    7         order that the person's vehicle be impounded or
    8         immobilized for 10 days and that the person pay an
    9         impoundment or immobilization fee of $200 per vehicle;
   10         providing that for a second conviction for driving
   11         under the influence of alcohol or a controlled
   12         substance, the court must order that the person's
   13         vehicle be impounded or immobilized for 30 days and
   14         that the offender pay an impoundment or immobilization
   15         fee of $300 per vehicle; providing that for a third or
   16         subsequent conviction for driving under the influence
   17         of alcohol or a controlled substance, the court must
   18         order that the person's vehicle be impounded or
   19         immobilized for 90 days and that the offender pay an
   20         impoundment or immobilization fee of $400 per vehicle;
   21         requiring the court to include the name and address of
   22         the impound or immobilization agency in the order
   23         impounding or immobilizing the vehicle; requiring the
   24         person whose vehicle is impounded or immobilized to
   25         pay an administration fee to the impoundment agency;
   26         establishing professional criteria for persons who are
   27         engaged in the business of impounding or immobilizing
   28         vehicles in judicial circuits where personnel of the
   29         court or sheriff do not impound or immobilize
   30         vehicles; providing that a person commits a
   31         misdemeanor of the first degree if he or she violates
   32         the provisions to qualify a person to impound or
   33         immobilize a vehicle; authorizing a person to initiate
   34         a civil suit against a person who fails to comply with
   35         requirements for qualifying to impound or immobilize a
   36         vehicle; providing for attorney's fees and costs;
   37         defining the terms “immobilization,” “immobilize,” and
   38         “immobilizing,” and “impound,” “impounding,” and
   39         “impoundment"; providing an effective date.
   40         
   41  Be It Enacted by the Legislature of the State of Florida:
   42         
   43         Section 1. Paragraphs (a), (b), (c), (d), and (i) of
   44  subsection (6) of section 316.193, Florida Statutes, are
   45  amended, and subsections (13) and (14) are added to that
   46  section, to read:
   47         316.193 Driving under the influence; penalties.—
   48         (6) With respect to any person convicted of a violation of
   49  subsection (1), regardless of any penalty imposed pursuant to
   50  subsection (2), subsection (3), or subsection (4):
   51         (a) For the first conviction, the court shall place the
   52  defendant on probation for a period not to exceed 1 year and, as
   53  a condition of such probation, shall order the defendant to
   54  participate in public service or a community work project for a
   55  minimum of 50 hours; or the court may order instead, that any
   56  defendant pay an additional fine of $10 for each hour of public
   57  service or community work otherwise required, if, after
   58  consideration of the residence or location of the defendant at
   59  the time public service or community work is required, payment
   60  of the fine is in the best interests of the state. However, the
   61  total period of probation and incarceration may not exceed 1
   62  year. The court must also, as a condition of probation, order
   63  the impoundment or immobilization of the vehicle that was
   64  operated by or in the actual control of the defendant or any one
   65  vehicle registered in the defendant's name at the time of
   66  impoundment or immobilization, for a period of 10 days or for
   67  the unexpired term of any lease or rental agreement that expires
   68  within 10 days. The fee for a 10-day period of impoundment or
   69  immobilization shall be $200, plus an annual percentage increase
   70  based on the Annual Consumer Price Index compiled by the United
   71  States Department of Labor, beginning with the Annual Consumer
   72  Price Index announced by the United States Department of Labor
   73  for 2010. The impoundment or immobilization must not occur
   74  concurrently with the incarceration of the defendant. The
   75  impoundment or immobilization order may be dismissed in
   76  accordance with paragraph (e), paragraph (f), paragraph (g), or
   77  paragraph (h).
   78         (b) For the second conviction for an offense that occurs
   79  within a period of 5 years after the date of a prior conviction
   80  for violation of this section, the court shall order
   81  imprisonment for not less than 10 days. The court must also, as
   82  a condition of probation, order the impoundment or
   83  immobilization of all vehicles owned by the defendant at the
   84  time of impoundment or immobilization, for a period of 30 days
   85  or for the unexpired term of any lease or rental agreement that
   86  expires within 30 days. The fee for a 30-day period of
   87  impoundment or immobilization shall be $300 per vehicle, plus an
   88  annual percentage increase based on the Annual Consumer Price
   89  Index compiled by the United States Department of Labor,
   90  beginning with the Annual Consumer Price Index announced by the
   91  United States Department of Labor for 2010. The impoundment or
   92  immobilization must not occur concurrently with the
   93  incarceration of the defendant and must occur concurrently with
   94  the driver's license revocation imposed under s. 322.28(2)(a)2.
   95  The impoundment or immobilization order may be dismissed in
   96  accordance with paragraph (e), paragraph (f), paragraph (g), or
   97  paragraph (h). At least 48 hours of confinement must be
   98  consecutive.
   99         (c) For the third or subsequent conviction for an offense
  100  that occurs within a period of 10 years after the date of a
  101  prior conviction for violation of this section, the court shall
  102  order imprisonment for not less than 30 days. The court must
  103  also, as a condition of probation, order the impoundment or
  104  immobilization of all vehicles owned by the defendant at the
  105  time of impoundment or immobilization, for a period of 90 days
  106  or for the unexpired term of any lease or rental agreement that
  107  expires within 90 days. The fee for a 90-day period of
  108  impoundment or immobilization shall be $400 per vehicle, plus an
  109  annual percentage increase based on the Annual Consumer Price
  110  Index compiled by the United States Department of Labor,
  111  beginning with the Annual Consumer Price Index announced by the
  112  United States Department of Labor for 2010. The impoundment or
  113  immobilization must not occur concurrently with the
  114  incarceration of the defendant and must occur concurrently with
  115  the driver's license revocation imposed under s. 322.28(2)(a)3.
  116  The impoundment or immobilization order may be dismissed in
  117  accordance with paragraph (e), paragraph (f), paragraph (g), or
  118  paragraph (h). At least 48 hours of confinement must be
  119  consecutive.
  120         (d) The court must at the time of sentencing the defendant
  121  issue an order for the impoundment or immobilization of a
  122  vehicle which must include the name and telephone number of the
  123  impoundment or immobilization agency. Within 7 business days
  124  after the date that the court issues the order of impoundment or
  125  immobilization, the clerk of the court must send notice by
  126  certified mail, return receipt requested, to the registered
  127  owner of each vehicle, if the registered owner is a person other
  128  than the defendant, and to each person of record claiming a lien
  129  against the vehicle.
  130         (i) All costs and fees for the impoundment or
  131  immobilization, including the cost of notification and a $50
  132  administrative cost payable to the impoundment agency, must be
  133  paid by the owner of the vehicle or, if the vehicle is leased or
  134  rented, by the person leasing or renting the vehicle, unless the
  135  impoundment or immobilization order is dismissed. All provisions
  136  of s. 713.78 shall apply.
  137  For the purposes of this section, any conviction for a violation
  138  of s. 327.35; a previous conviction for the violation of former
  139  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  140  previous conviction outside this state for driving under the
  141  influence, driving while intoxicated, driving with an unlawful
  142  blood-alcohol level, driving with an unlawful breath-alcohol
  143  level, or any other similar alcohol-related or drug-related
  144  traffic offense, is also considered a previous conviction for
  145  violation of this section. However, in satisfaction of the fine
  146  imposed pursuant to this section, the court may, upon a finding
  147  that the defendant is financially unable to pay either all or
  148  part of the fine, order that the defendant participate for a
  149  specified additional period of time in public service or a
  150  community work project in lieu of payment of that portion of the
  151  fine which the court determines the defendant is unable to pay.
  152  In determining such additional sentence, the court shall
  153  consider the amount of the unpaid portion of the fine and the
  154  reasonable value of the services to be ordered; however, the
  155  court may not compute the reasonable value of services at a rate
  156  less than the federal minimum wage at the time of sentencing.
  157         (13)If personnel of the circuit court or the sheriff do
  158  not impound or immobilize vehicles, the person responsible for
  159  impounding or immobilizing vehicles in that judicial circuit is
  160  subject to strict compliance with the following conditions and
  161  restrictions:
  162         (a)Any person engaged in the business of impounding or
  163  immobilizing vehicles shall:
  164         1.Have a class “R” license issued pursuant to part IV of
  165  chapter 493;
  166         2.Have at least 1 year of verifiable experience in
  167  immobilizing or impounding vehicles;
  168         3.Have a storage facility within the judicial circuit of
  169  not less than 10,000 square feet. However, if a judicial circuit
  170  has fewer than 1,000 convictions for driving under the influence
  171  based on the Florida Uniform Traffic Citations Statistic Report,
  172  beginning with the 2008 Florida Uniform Traffic Citations
  173  Statistic Report, the storage facility must be not less than
  174  5,000 square feet. The storage facility must be licensed in the
  175  name of the person who impounds or immobilizes vehicles by the
  176  local government where the storage facility is located; and
  177         4.Maintain accurate and complete records of all payments
  178  for the impoundment or immobilization, copies of all documents
  179  pertaining to the court’s order of impoundment or
  180  immobilization, and any other documents relevant to each
  181  impoundment or immobilization. These records must be maintained
  182  by the impoundment or immobilization operator for at least 3
  183  years.
  184         (b)The individual who impounds or immobilizes a vehicle
  185  must not have been convicted of any felony or of driving or
  186  boating under the influence of alcohol or controlled substances.
  187         (c)A person who violates paragraph (a) or paragraph (b)
  188  commits a misdemeanor of the first degree, punishable as
  189  provided in s. 775.082 or s. 775.083.
  190         (d)Any person who is aggrieved by a person’s violation of
  191  paragraph (a) may bring a civil action against the person
  192  seeking injunctive relief, actual damages, reasonable attorney's
  193  fees and costs, and any other remedy available at law or in
  194  equity.
  195         (14)As used in this chapter, the terms:
  196         (a)“Immobilization,” “immobilizing,” or “immobilize” mean
  197  the act of installing a vehicle antitheft device on the steering
  198  wheel of a vehicle to prevent any person from operating the
  199  vehicle.
  200         (b)“Impoundment,” “impounding,” or “impound” means the act
  201  of storing a vehicle at a storage facility where the person
  202  impounding the vehicle exercises control, supervision, and
  203  responsibility over the vehicle.
  204         Section 2. This act shall take effect July 1, 2009.