CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
                            CHAMBER ACTION
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11  Senator Lee moved the following amendment:
12
13         Senate Amendment (with title amendment) 
14         On page 25, between lines 27 and 28,
15
16  insert:
17         Section 12.  Subsection (6) of section 316.193, Florida
18  Statutes, is amended to read:
19         316.193  Driving under the influence; penalties.--
20         (6)  With respect to any person convicted of a
21  violation of subsection (1), regardless of any penalty imposed
22  pursuant to subsection (2), subsection (3), or subsection (4):
23         (a)  For the first conviction, the court shall place
24  the defendant on probation for a period not to exceed 1 year
25  and, as a condition of such probation, shall order the
26  defendant to participate in public service or a community work
27  project for a minimum of 50 hours; or the court may order
28  instead, that any defendant pay an additional fine of $10 for
29  each hour of public service or community work otherwise
30  required, if, after consideration of the residence or location
31  of the defendant at the time public service or community work
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  is required, payment of the fine is in the best interests of
 2  the state. However, the total period of probation and
 3  incarceration may not exceed 1 year. The court must also, as a
 4  condition of probation, order the impoundment or
 5  immobilization of the vehicle that was operated by or in the
 6  actual control of the defendant or any one vehicle registered
 7  in the defendant's name at the time of impoundment or
 8  immobilization, for a period of 10 days or for the unexpired
 9  term of any lease or rental agreement that expires within 10
10  days. The impoundment or immobilization must not occur
11  concurrently with the incarceration of the defendant.  The
12  impoundment or immobilization order may be dismissed in
13  accordance with paragraph (e), paragraph (f), or paragraph
14  (g).
15         (b)  For the second conviction for an offense that
16  occurs within a period of 5 years after the date of a prior
17  conviction for violation of this section, the court shall
18  order imprisonment for not less than 10 days.  The court must
19  also, as a condition of probation, order the impoundment or
20  immobilization of the vehicle that was operated by or in the
21  actual control of the defendant or any one vehicle registered
22  in the defendant's name at the time of impoundment or
23  immobilization, for a period of 30 days or for the unexpired
24  term of any lease or rental agreement that expires within 30
25  days. The impoundment or immobilization must not occur
26  concurrently with the incarceration of the defendant.  The
27  impoundment or immobilization order may be dismissed in
28  accordance with paragraph (e), paragraph (f), or paragraph
29  (g).  At least 48 hours of confinement must be consecutive.
30         (c)  For the third or subsequent conviction for an
31  offense that occurs within a period of 10 years after the date
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  of a prior conviction for violation of this section, the court
 2  shall order imprisonment for not less than 30 days.  The court
 3  must also, as a condition of probation, order the impoundment
 4  or immobilization of the vehicle that was operated by or in
 5  the actual control of the defendant or any one vehicle
 6  registered in the defendant's name at the time of impoundment
 7  or immobilization, for a period of 90 days or for the
 8  unexpired term of any lease or rental agreement that expires
 9  within 90 days. The impoundment or immobilization must not
10  occur concurrently with the incarceration of the defendant.
11  The impoundment or immobilization order may be dismissed in
12  accordance with paragraph (e), paragraph (f), or paragraph
13  (g). At least 48 hours of confinement must be consecutive.
14         (d)  The court must at the time of sentencing the
15  defendant issue an order for the impoundment or immobilization
16  of a vehicle. Within 7 business days after the date that the
17  court issues the order of impoundment or immobilization, and
18  once again 30 business days before the actual impoundment or
19  immobilization of the vehicle, the clerk of the court must
20  send notice by certified mail, return receipt requested, to
21  the registered owner of each vehicle, if the registered owner
22  is a person other than the defendant, and to each person of
23  record claiming a lien against the vehicle.
24         (e)  A person who owns but was not operating the
25  vehicle when the offense occurred may submit to the court a
26  police report indicating that the vehicle was stolen at the
27  time of the offense or documentation of having purchased the
28  vehicle after the offense was committed from an entity other
29  than the defendant or the defendant's agent. If the court
30  finds that the vehicle was stolen or that the sale was not
31  made to circumvent the order and allow the defendant continued
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  access to the vehicle, the order must be dismissed and the
 2  owner of the vehicle will incur no costs. If the court denies
 3  the request to dismiss the order of impoundment or
 4  immobilization, the petitioner may request an evidentiary
 5  hearing.
 6         (f)  A person who owns but was not operating the
 7  vehicle when the offense occurred, and whose vehicle was
 8  stolen or who purchased the vehicle after the offense was
 9  committed directly from the defendant or the defendant's
10  agent, may request an evidentiary hearing to determine whether
11  the impoundment or immobilization should occur. If the court
12  finds that either the vehicle was stolen or the purchase was
13  made without knowledge of the offense, that the purchaser had
14  no relationship to the defendant other than through the
15  transaction, and that such purchase would not circumvent the
16  order and allow the defendant continued access to the vehicle,
17  the order must be dismissed and the owner of the vehicle will
18  incur no costs.
19         (g)  The court shall also dismiss the order of
20  impoundment or immobilization of the vehicle if the court
21  finds that the family of the owner of the vehicle has no other
22  private means of transportation.
23         (d)  In addition to the penalty imposed under paragraph
24  (a), paragraph (b), or paragraph (c), the court shall also
25  order the impoundment or immobilization of the vehicle that
26  was driven by, or in the actual physical control of, the
27  offender, unless the court finds that the family of the owner
28  of the vehicle has no other public or private means of
29  transportation. The period of impoundment or immobilization is
30  10 days, or, for the second conviction within 3 years, 30
31  days, or, for the third conviction within 5 years, 90 days and
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  may not be concurrent with probation or imprisonment. If the
 2  vehicle is leased or rented, the period of impoundment or
 3  immobilization may not extend beyond the expiration of the
 4  lease or rental agreement. Within 7 business days after the
 5  date that the court issues the order of impoundment or
 6  immobilization, the clerk of the court shall send notice by
 7  certified mail, return receipt requested, to the registered
 8  owner of the vehicle if the registered owner is a person other
 9  than the offender and to each person of record claiming a lien
10  against the vehicle.
11         (h)  All costs and fees for the impoundment or
12  immobilization, including the cost of notification, must be
13  paid by the owner of the vehicle or, if the vehicle is leased
14  or rented, by the person leasing or renting the vehicle,
15  unless the impoundment or immobilization order is dismissed.
16  All provisions of s. 713.78 shall apply.
17         (i)  The person who owns a vehicle that is impounded or
18  immobilized under this paragraph, or a person who has a lien
19  of record against such a vehicle and who has not requested a
20  review of the impoundment pursuant to paragraph (e), paragraph
21  (f), or paragraph (g), may, within 10 days after the date that
22  person has knowledge of the location of the vehicle, file a
23  complaint in the county in which the owner resides to
24  determine whether the vehicle was wrongfully taken or withheld
25  from the owner or lienholder. Upon the filing of a complaint,
26  the owner or lienholder may have the vehicle released by
27  posting with the court a bond or other adequate security equal
28  to the amount of the costs and fees for impoundment or
29  immobilization, including towing or storage, to ensure the
30  payment of such costs and fees if the owner or lienholder does
31  not prevail. When the bond is posted and the fee is paid as
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  set forth in s. 28.24, the clerk of the court shall issue a
 2  certificate releasing the vehicle. At the time of release,
 3  after reasonable inspection, the owner or lienholder must give
 4  a receipt to the towing or storage company indicating any loss
 5  or damage to the vehicle or to the contents of the vehicle.
 6         (j)(e)  A defendant, in the court's discretion, may be
 7  required to serve all or any portion of a term of imprisonment
 8  to which the defendant has been sentenced pursuant to this
 9  section in a residential alcoholism treatment program or a
10  residential drug abuse treatment program. Any time spent in
11  such a program must be credited by the court toward the term
12  of imprisonment.
13
14  For the purposes of this section, any conviction for a
15  violation of s. 327.35; a previous conviction for the
16  violation of former s. 316.1931, former s. 860.01, or former
17  s. 316.028; or a previous conviction outside this state for
18  driving under the influence, driving while intoxicated,
19  driving with an unlawful blood-alcohol level, driving with an
20  unlawful breath-alcohol level, or any other similar
21  alcohol-related or drug-related traffic offense, is also
22  considered a previous conviction for violation of this
23  section. However, in satisfaction of the fine imposed pursuant
24  to this section, the court may, upon a finding that the
25  defendant is financially unable to pay either all or part of
26  the fine, order that the defendant participate for a specified
27  additional period of time in public service or a community
28  work project in lieu of payment of that portion of the fine
29  which the court determines the defendant is unable to pay. In
30  determining such additional sentence, the court shall consider
31  the amount of the unpaid portion of the fine and the
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  reasonable value of the services to be ordered; however, the
 2  court may not compute the reasonable value of services at a
 3  rate less than the federal minimum wage at the time of
 4  sentencing.
 5         Section 13.  Subsection (6) of section 327.35, Florida
 6  Statutes, is amended to read:
 7         327.35  Boating under the influence; penalties.--
 8         (6)  With respect to any person convicted of a
 9  violation of subsection (1), regardless of any other penalty
10  imposed:
11         (a)  For the first conviction, the court shall place
12  the defendant on probation for a period not to exceed 1 year
13  and, as a condition of such probation, shall order the
14  defendant to participate in public service or a community work
15  project for a minimum of 50 hours.   The court must also, as a
16  condition of probation, order the impoundment or
17  immobilization of the vessel that was operated by or in the
18  actual control of the defendant or any one vehicle registered
19  in the defendant's name at the time of impoundment or
20  immobilization, for a period of 10 days or for the unexpired
21  term of any lease or rental agreement that expires within 10
22  days. The impoundment or immobilization must not occur
23  concurrently with the incarceration of the defendant.  The
24  impoundment or immobilization order may be dismissed in
25  accordance with paragraph (e) or paragraph (f). The total
26  period of probation and incarceration may not exceed 1 year.
27         (b)  For the second conviction for an offense that
28  occurs within a period of 5 years after the date of a prior
29  conviction for violation of this section, the court shall
30  order imprisonment for not less than 10 days.  The court must
31  also, as a condition of probation, order the impoundment or
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  immobilization of the vessel that was operated by or in the
 2  actual control of the defendant or any one vehicle registered
 3  in the defendant's name at the time of impoundment or
 4  immobilization, for a period of 30 days or for the unexpired
 5  term of any lease or rental agreement that expires within 30
 6  days. The impoundment or immobilization must not occur
 7  concurrently with the incarceration of the defendant.  The
 8  impoundment or immobilization order may be dismissed in
 9  accordance with paragraph (e) or paragraph (f). At least 48
10  hours of confinement must be consecutive.
11         (c)  For the third or subsequent conviction for an
12  offense that occurs within a period of 10 years after the date
13  of a prior conviction for violation of this section, the court
14  shall order imprisonment for not less than 30 days.  The court
15  must also, as a condition of probation, order the impoundment
16  or immobilization of the vessel that was operated by or in the
17  actual control of the defendant or any one vehicle registered
18  in the defendant's name at the time of impoundment or
19  immobilization, for a period of 90 days or for the unexpired
20  term of any lease or rental agreement that expires within 90
21  days. The impoundment or immobilization must not occur
22  concurrently with the incarceration of the defendant.  The
23  impoundment or immobilization order may be dismissed in
24  accordance with paragraph (e) or paragraph (f). At least 48
25  hours of confinement must be consecutive.
26         (d)  The court must at the time of sentencing the
27  defendant issue an order for the impoundment or immobilization
28  of a vessel. Within 7 business days after the date that the
29  court issues the order of impoundment, and once again 30
30  business days before the actual impoundment or immobilization
31  of the vessel, the clerk of the court must send notice by
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  certified mail, return receipt requested, to the registered
 2  owner of each vessel, if the registered owner is a person
 3  other than the defendant, and to each person of record
 4  claiming a lien against the vessel.
 5         (e)  A person who owns but was not operating the vessel
 6  when the offense occurred may submit to the court a police
 7  report indicating that the vessel was stolen at the time of
 8  the offense or documentation of having purchased the vessel
 9  after the offense was committed from an entity other than the
10  defendant or the defendant's agent. If the court finds that
11  the vessel was stolen or that the sale was not made to
12  circumvent the order and allow the defendant continued access
13  to the vessel, the order must be dismissed and the owner of
14  the vessel will incur no costs. If the court denies the
15  request to dismiss the order of impoundment or immobilization,
16  the petitioner may request an evidentiary hearing.
17         (f)  A person who owns but was not operating the vessel
18  when the offense occurred, and whose vessel was stolen or who
19  purchased the vessel after the offense was committed directly
20  from the defendant or the defendant's agent, may request an
21  evidentiary hearing to determine whether the impoundment or
22  immobilization should occur. If the court finds that either
23  the vessel was stolen or the purchase was made without
24  knowledge of the offense, that the purchaser had no
25  relationship to the defendant other than through the
26  transaction, and that such purchase would not circumvent the
27  order and allow the defendant continued access to the vessel,
28  the order must be dismissed and the owner of the vessel will
29  incur no costs.
30         (d)  In addition to any other penalty imposed, the
31  court shall also order the impoundment or immobilization of
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  the vessel that was operated by, or in the actual physical
 2  control of, the offender. The period of impoundment or
 3  immobilization is 10 days, or, for the second conviction
 4  within 3 years, 30 days, or, for the third conviction within 5
 5  years, 90 days and may not be concurrent with probation or
 6  imprisonment. If the vessel is leased or rented, the period of
 7  impoundment or immobilization may not extend beyond the
 8  expiration of the lease or rental agreement. Within 7 business
 9  days after the date that the court issues the order of
10  impoundment or immobilization, the clerk of the court shall
11  send notice by certified mail, return receipt requested, to
12  the registered owner of the vessel if the registered owner is
13  a person other than the offender and to each person of record
14  claiming a lien against the vessel.
15         (g)  All costs and fees for the impoundment or
16  immobilization, including the cost of notification, must be
17  paid by the owner of the vessel or, if the vessel is leased or
18  rented, by the person leasing or renting the vessel, unless
19  the impoundment or immobilization order is dismissed.
20         (h)  The person who owns a vessel that is impounded or
21  immobilized under this  paragraph, or a person who has a lien
22  of record against such a  vessel and who has not requested a
23  review of the impoundment pursuant to paragraph (e) or
24  paragraph (f), may, within 10 days after the date that person
25  has knowledge of the location of the vessel, file a complaint
26  in the county in which the owner resides to determine whether
27  the vessel was wrongfully taken or withheld from the owner or
28  lienholder. Upon the filing of a complaint, the owner or
29  lienholder may have the vessel released by posting with the
30  court a bond or other adequate security equal to the amount of
31  the costs and fees for impoundment or immobilization,
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  including towing or storage, to ensure the payment of the
 2  costs and fees if the owner or lienholder does not prevail.
 3  When the bond is posted and the fee is paid as set forth in s.
 4  28.24, the clerk of the court shall issue a certificate
 5  releasing the vessel. At the time of release, after reasonable
 6  inspection, the owner or lienholder must give a receipt to the
 7  towing or storage company indicating any loss or damage to the
 8  vessel or to the contents of the vessel.
 9         (i)(e)  A defendant, in the court's discretion, may be
10  required to serve all or any portion of a term of imprisonment
11  to which the defendant has been sentenced pursuant to this
12  section in a residential alcoholism treatment program or a
13  residential drug abuse treatment program. Any time spent in
14  such a program must be credited by the court toward the term
15  of imprisonment.
16
17  For the purposes of this section, any conviction for a
18  violation of s. 316.193, a previous conviction for the
19  violation of former s. 316.1931, former s. 860.01, or former
20  s. 316.028, or a previous conviction outside this state for
21  driving under the influence, driving while intoxicated,
22  driving with an unlawful blood-alcohol level, driving with an
23  unlawful breath-alcohol level, or any other similar
24  alcohol-related or drug-related traffic offense, is also
25  considered a previous conviction for violation of this
26  section.
27
28  (Redesignate subsequent sections.)
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 710
    Amendment No.    
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 2, line 5, after the semicolon
 4
 5  insert:
 6         amending s. 316.193; providing for impoundment
 7         or immobilization of a vehicle; providing
 8         circumstances for dismissal of the impoundment
 9         or immobilization order; amending s. 327.35,
10         F.S.; providing for impoundment or
11         immobilization of a vessel; providing
12         circumstances for dismissal of a court's
13         impoundment or immobilization order;
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