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5 / 10/94 (ch305 _ ClOc) OW <br />ORDINANCE 94- 18 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, AMENDING CHAPTER 305, COURTS, <br />TO INCLUDE A NEW PART IV D . U . I . <br />IMPOUNDMENT AND IMMOBILIZATION TRUST FUND. <br />WHEREAS, Section 316.193(6)(d) allows for the imposition of an <br />additional penalty for persons convicted of D.U.I.; and <br />WHEREAS, said penalty is impoundment or immobilization of the <br />convicted persons vehicle; and <br />WHEREAS, said section allows for the imposition of all costs and <br />fees for impoundment and immobilization; and <br />WHEREAS, the Sheriff has started a program of immobilization; and <br />WHEREAS, the herein established trust fund will provide an <br />orderly method for the collection and disbursement of costs and fees in <br />connection with the program, <br />MEE <br />COMMISSIONERS OF INDIAN RIVER COUNTY, that. <br />SECTION 1. AMENDMENT. <br />A new Part IV to Chapter 305 is added to read as follows: <br />Part IV. D.U.I. Impoundment and Immobilization Trust Fund <br />Section 305.30. Authority. <br />This part is enacted pursuant to Florida Statutes Chapter 125 and <br />Section 316.193(6)(d). <br />Section 305.31. <br />Creation and Accounting. <br />Pursuant to Chapter 316.193 (6) (d) , F . S . , whenever an impoundment or <br />immobilization is ordered as part of a D.U.I. penalty, the costs and fees <br />collected by the Sheriff shall be placed by the Sheriff in a special trust <br />fund account called the "D . U . I . Impoundment and Immobilization Trust <br />Fund". Said trust fund to be managed and administered by the Sheriff <br />in accordance with this part. <br />Section 305.32. <br />Expenditures . <br />All costs associated with program may be reimbursed to the Sheriff or <br />other local law enforcement agencies. The Sheriff on a quarterly basis <br />shall submit to the Board of County Commissioners a full report of <br />funds collected and expended. <br />SECTION 2. SEVERABILITY. <br />If any section, or any sentence, paragraph, phrase, or word of <br />this ordinance is for any reason held to be unconstitutional, <br />inoperative, or void, such holding shall not affect the remaining <br />