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AN ACT PROVIDING FOR 1MMOBILIZA7ION AND
"IFOUNDMENT OF MOTOR VEHICLES BY AUTHORIZED
MUNICIPAL AND COUNTY AGENCIES
Chapter 316.1967 of the Florida State Statutes is hereby amended as follows:
316.1967 (4) A municipality or county may enact an ordinance which provides
for immobilization or impoundment of any motor vehicle found within the
jurisdiction by enforcement officers of the municipality or county or its
agents if the registered owner of the motor vehicle has failed to pay five
(5) or more parking violations issued by the municipality or county within
the prescribed time provided by local ordinance governing parking violations
without regard to whether the parking violations bear a date prior to or
subseauent to the effective date of the ordinance. Such ordinances shall
include but not be limited to the following provisions:
a) Immobilization of motor vehicles shall be acccmplished by means
of attaching a "Denver Boot" or other nondestructive
immobilizing device which prevents the vehicle from moving under
its own power. A motor vehicle may be immobilized while parked
on private property or on public right of way.
b) When a motor vehicle is immobilized in accordance with a local
ordinance, a notice shall be affixed to the motor vehicle in a
conspicuous manner. Such notice shall warn any person that the
motor vehicle has been immobilized. that any attempt to move
such motor vehicle may result in damage thereto and also
advising the owner of the motor vehicle of the information
necessary to enable the owner to have the immobilization device
removed.
c) The motor vehicle may be immobilized for up to seventy-two (72)
hours and then towed to the nearest authorized motor vehicle
storage location if not reclaimed. Immobilization is permitted
without regard to whether the motor vehicle, at the time of
immobilization or impoundment. is legally parked. Any motor
vehicle registered to the delinquent owner may be subject to
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immobilization or imooundment. without re:,ard to whether or not
it was the same motor vehicle cited in the parking violations.
d) The municipal or county agency or department under whose
direction the motor vehicle is impounded shall within seven (7)
days inform the registered owner of the impounded vehicle of the
location of the impoundment. Such notice shall be given by
First Class mail to the registered owner of the motor vehicle to
the address appearing on the records of the department of motor
vehicles.
e) A motor vehicle which has been impounded or immobilized shall be
released only to the registered owner of the motor vehicle or
his duly authorized agent upon:
(1) Such person depositing cash or surety bond in the amount of
the fines, penalties, fees and costs for any unpaid parking
violations (including the violation, if any, for which the
motor vehicle was towed) recorded against such motor vehicle
plus any towing, immobilization or storage fees; or
(2) Such person agreeing to and paying the parking fine(s),
towing fee and storage fees or immobilization fee incurred
for the period of impoundment prior to release of the motor
vehicle from impoundment or immobilization. Such payment
shall constitute a waiver of the right to contest the
parking tickets and fees imposed.
f) The registered owner of a motor vehicle which is impounded or
immobilized or his duly authorized agent shall have the right to
a hearing before a court of competent jurisdiction to determine
the validity of the impoundment or immobilization within ten
days after his or her written request for a hearing.
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g) The municipal or county agency or its agent shall have the ri¢ht
to assess fees for the im-.,oundment or im;,obilization and storage
of a motor vehicle. If a person has posted a bond and is found
not guilty of all parking violations for which his mctor vehicle
was impounded or irLmobilized. such bond shall be returned to the
person or his agent within ten days.
h) If a person fails to claim an impounded motor vehicle or fails
to request a hearing within ten (10) days after mailing of the
letter required in Section 4e, the municipal or county agency or
department having custody of the motor vehicle shall give at
least twenty (20) days notice to the registered owner by
(certified) mail return receipt requested at the last address
appearing on the records of the department of motor vehicles of
the impending sale of the motor vehicle. All unclaimed motor
vehicles remaining in the possession of the municipality or
county after such twenty (20) day notice shall be sold for cash
to the highest bidder after advertisement of such sale in the
official journal of the municipality or county. The
advertisement shall contain the following data: Make and type
of motor vehicle, motor and chassis number, (if any), and
license number, (if any). The advertisement shall further state
that the sale is made without warranty of any nature or kind
whatsoever by the municipality or county, either as to title or
mechanical condition.
i) Following the public sale of the vehicle, the proceeds of the
sale shall be applied to the value of all tickets accumulated by
the registered owner. The oldest tickets shall be satisfied
first. If the proceeds of the sale exceed the value of the
tickets, the municipality shall be authorized to deduct the cost
of the sale and the balance shall be returned to the owner
within thirty days. If the proceeds of the sale are
insufficient to satisfy all outstanding tickets, the unsatisfied
amount shall remain as a lien against any other vehicles
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currently owned or to be owned by the registered owner of the
vehicle which was sold at public auction.
j) it shall be the responsibility of the appropriate municipal or
county agency to publish in a newspaper of largest daily
circulation a list of all motor vehicles with five (5) or more
parking violations at least each three months. Such list shall
include the name of the owner, address, manufacturer of vehicle,
Year of manufacture, license plate and decal number as this
information appears in the records of the department of motor
vehicles. No vehicle shall be immobilized until the information
re uired shall have been published.
k) This bill shall be effective October 1, 1983•
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