Florida Senate - 2009                             CS for SB 1588
       
       
       
       By the Committee on Transportation; and Senator Altman
       
       
       
       
       596-04984-09                                          20091588c1
    1                        A bill to be entitled                      
    2         An act relating to the impoundment or immobilization
    3         of vehicles; amending s. 316.193, F.S.; requiring the
    4         court to include the name and address of
    5         immobilization agencies that meet the requirements of
    6         law in the order of impoundment or immobilization;
    7         requiring the person whose vehicle is ordered to be
    8         impounded or immobilized to pay the impoundment or
    9         immobilization fees and costs directly to the person
   10         impounding or immobilizing the vehicle; establishing
   11         professional criteria for immobilization agencies
   12         engaged in the business of immobilizing vehicles in
   13         judicial circuits where personnel of the court or
   14         sheriff do not immobilize vehicles; providing that it
   15         is a misdemeanor of the first degree for a person to
   16         fail to comply with the requirements necessary to
   17         immobilize a vehicle; authorizing a person to initiate
   18         a civil suit against a person who fails to comply with
   19         the requirements to immobilize a vehicle; providing
   20         for attorney’s fees and costs; defining terms;
   21         providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraphs (d) and (i) of subsection (6) of
   26  section 316.193, Florida Statutes, are amended, and subsections
   27  (13) and (14) are added to that section, to read:
   28         316.193 Driving under the influence; penalties.—
   29         (6) With respect to any person convicted of a violation of
   30  subsection (1), regardless of any penalty imposed pursuant to
   31  subsection (2), subsection (3), or subsection (4):
   32         (d) The court must at the time of sentencing the defendant
   33  issue an order for the impoundment or immobilization of a
   34  vehicle. The order of impoundment or immobilization must include
   35  the name and telephone numbers of all immobilization agencies
   36  meeting all of the criteria of subsection (13). Within 7
   37  business days after the date that the court issues the order of
   38  impoundment or immobilization, the clerk of the court must send
   39  notice by certified mail, return receipt requested, to the
   40  registered owner of each vehicle, if the registered owner is a
   41  person other than the defendant, and to each person of record
   42  claiming a lien against the vehicle.
   43         (i) All costs and fees for the impoundment or
   44  immobilization, including the cost of notification, must be paid
   45  by the owner of the vehicle or, if the vehicle is leased or
   46  rented, by the person leasing or renting the vehicle, directly
   47  to the person impounding or immobilizing the vehicle unless the
   48  impoundment or immobilization order is dismissed. All provisions
   49  of s. 713.78 shall apply.
   50  
   51  For the purposes of this section, any conviction for a violation
   52  of s. 327.35; a previous conviction for the violation of former
   53  s. 316.1931, former s. 860.01, or former s. 316.028; or a
   54  previous conviction outside this state for driving under the
   55  influence, driving while intoxicated, driving with an unlawful
   56  blood-alcohol level, driving with an unlawful breath-alcohol
   57  level, or any other similar alcohol-related or drug-related
   58  traffic offense, is also considered a previous conviction for
   59  violation of this section. However, in satisfaction of the fine
   60  imposed pursuant to this section, the court may, upon a finding
   61  that the defendant is financially unable to pay either all or
   62  part of the fine, order that the defendant participate for a
   63  specified additional period of time in public service or a
   64  community work project in lieu of payment of that portion of the
   65  fine which the court determines the defendant is unable to pay.
   66  In determining such additional sentence, the court shall
   67  consider the amount of the unpaid portion of the fine and the
   68  reasonable value of the services to be ordered; however, the
   69  court may not compute the reasonable value of services at a rate
   70  less than the federal minimum wage at the time of sentencing.
   71         (13)If personnel of the circuit court or the sheriff do
   72  not immobilize vehicles, only immobilization agencies that meet
   73  the criteria of this subsection shall immobilize vehicles in
   74  that judicial circuit. The immobilization agency responsible for
   75  immobilizing vehicles in that judicial circuit is subject to
   76  strict compliance with all of the following criteria and
   77  restrictions:
   78         (a)Any immobilization agency engaged in the business of
   79  immobilizing vehicles shall:
   80         1.Have a class “R” license issued pursuant to part IV of
   81  chapter 493;
   82         2.Have at least 3 years of verifiable experience in
   83  immobilizing vehicles; and
   84         3.Maintain accurate and complete records of all payments
   85  for the immobilization, copies of all documents pertaining to
   86  the court’s order of impoundment or immobilization, and any
   87  other documents relevant to each immobilization. These records
   88  shall be maintained by the immobilization agency for at least 3
   89  years.
   90         (b)The person who immobilizes a vehicle must never have
   91  been convicted of any felony or of driving or boating under the
   92  influence of alcohol or controlled substances.
   93         (c)A person who violates paragraph (a) or paragraph (b)
   94  commits a misdemeanor of the first degree, punishable as
   95  provided in s. 775.082 or s. 775.083.
   96         (d)An immobilization agency that is aggrieved by a
   97  person’s violation of paragraph (a) or paragraph (b) may bring a
   98  civil action against the person who violated paragraph (a) or
   99  paragraph (b) seeking injunctive relief, damages, reasonable
  100  attorney’s fees and costs, and any other remedy available at law
  101  or in equity as may be necessary to enforce this subsection.
  102         (e)If, in any action to enforce this subsection, it is
  103  proven that a person violated paragraph (a) or paragraph (b),
  104  that proof conclusively establishes a clear legal right to
  105  injunctive relief, that irreparable harm will be caused if an
  106  injunction does not issue, that no adequate remedy at law
  107  exists, and that public policy favors issuance of injunctive
  108  relief.
  109         (14)As used in this chapter, the term:
  110         (a)“Immobilization,” “immobilizing,” or “immobilize” means
  111  the act of installing a vehicle antitheft device on the steering
  112  wheel of a vehicle pursuant to an order of impoundment or
  113  immobilization under subsection (6) to prevent any person from
  114  operating the vehicle.
  115         (b)“Immobilization agency,” or “immobilization agencies”
  116  means any firm, company, agency, organization, partnership,
  117  corporation, association, trust, or other business entity of any
  118  kind which meets all of the criteria of subsection (13).
  119         (c)“Impoundment,” “impounding,” or “impound” means the act
  120  of storing a vehicle at a storage facility pursuant to an order
  121  of impoundment or immobilization under subsection (6) where the
  122  person impounding the vehicle exercises control, supervision,
  123  and responsibility over the vehicle.
  124         (d)“Person” means any individual, firm, company, agency,
  125  organization, partnership, corporation, association, trust, or
  126  other business entity of any kind.
  127         Section 2. This act shall take effect July 1, 2009.