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The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. There being none, he closed the <br />public hearing. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously <br />adopted Ordinance No. 94-18 amending Chapter <br />305, Courts, to include a new Part IV, D.U.I. <br />Impoundment and Immobilization Trust Fund. <br />ORDINANCE 94- 18 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, AMENDING CHAPTER 3051 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 />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <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 />r <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. 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 />15 <br />JUN 28 1994 �+ <br />BOOK 9 "ill <br />PAGE ll <br />L- I <br />