Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. HB 1021, 1st Eng.
       
       
       
       
       
       
                                Barcode 112028                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/30/2009 05:01 PM       .                                
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       Senator Constantine moved the following:
       
    1         Senate Amendment to Amendment (728458) (with title
    2  amendment)
    3  
    4         Between lines 1310 and 1311
    5  insert:
    6         Section 27. Paragraph (c) of subsection (4) of section
    7  316.191, Florida Statutes, is amended to read:
    8         316.191 Racing on highways.—
    9         (4) Whenever a law enforcement officer determines that a
   10  person was engaged in a drag race or race, as described in
   11  subsection (1), the officer may immediately arrest and take such
   12  person into custody. The court may enter an order of impoundment
   13  or immobilization as a condition of incarceration or probation.
   14  Within 7 business days after the date the court issues the order
   15  of impoundment or immobilization, the clerk of the court must
   16  send notice by certified mail, return receipt requested, to the
   17  registered owner of the motor vehicle, if the registered owner
   18  is a person other than the defendant, and to each person of
   19  record claiming a lien against the motor vehicle.
   20         (c) Any motor vehicle used in violation of subsection (2)
   21  may be impounded for a period of 30 10 business days if a law
   22  enforcement officer has arrested and taken a person into custody
   23  pursuant to this subsection and the person being arrested is the
   24  registered owner or coowner of the motor vehicle. If the
   25  arresting officer finds that the criteria of this paragraph are
   26  met, the officer may immediately impound the motor vehicle. The
   27  law enforcement officer shall notify the Department of Highway
   28  Safety and Motor Vehicles of any impoundment for violation of
   29  this subsection in accordance with procedures established by the
   30  department. The provisions of paragraphs (a) and (b) shall be
   31  applicable to such impoundment.
   32  
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35         And the title is amended as follows:
   36         Delete line 1428
   37  and insert:
   38         Regional Transportation Authority; amending s.
   39         316.191, F.S.; increasing the period for which a
   40         vehicle may be impounded for certain violations of
   41         state law relating to racing on highways; providing an
   42         effective date.
   43