Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. HB 1021, 1st Eng.
       
       
       
       
       
       
                                Barcode 146834                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/30/2009 05:02 PM       .                                
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       Senator Constantine moved the following:
       
    1         Senate Amendment to Amendment (728458) (with title
    2  amendment)
    3  
    4         Delete line 1311
    5  and insert:
    6         Section 27. Subsection (2) of section 30.231, Florida
    7  Statutes, is amended to read:
    8         30.231 Sheriffs’ fees for service of summons, subpoenas,
    9  and executions.—
   10         (2) For levying on property and for the seizure of persons,
   11  the sheriff shall be allowed anticipated expenses necessary for
   12  the execution of the process directing such levy or seizure and
   13  for the safekeeping of property and persons in the custody of
   14  the sheriff. A reasonable cost deposit to cover said fees and
   15  expenses in connection with the requested services shall be
   16  deposited in advance, by the party requesting the service, with
   17  the officer requested to perform the service. If the sheriff is
   18  required to expedite execution of a writ of replevin pursuant to
   19  s. 30.30, the sheriff may recover additional expenses, including
   20  payment of off-duty deputy sheriffs, to expedite execution of
   21  the writ of replevin.
   22         Section 28. Subsection (1) of section 30.30, Florida
   23  Statutes, is amended to read:
   24         30.30 Writs, process; duties and liabilities in levying.—
   25         (1) Whenever any writ, issuing out of any court of this
   26  state is, shall be delivered to a sheriff, commanding the
   27  sheriff to levy upon property specifically described therein, it
   28  shall be his or her duty to levy upon such property. If a party
   29  to whom a writ of replevin has been issued requests expedited
   30  service of the writ because the writ is upon property that
   31  includes motor vehicles, the sheriff shall expedite service no
   32  later than 3 days after such request, subject to payment of the
   33  additional expenses allowed by s. 30.231(2). If no property is
   34  specifically described in the writ, the sheriff he or she shall
   35  levy upon:
   36         (a) Any property in the possession of the defendant which
   37  is described in instructions for levy; and
   38         (b) Upon any property assessed against the defendant on the
   39  current tax rolls of the county or registered in his or her name
   40  under any law of the United States or of the state, upon the
   41  request of the plaintiff or the plaintiff’s attorney listing
   42  such property in an instructions for levy. The instructions for
   43  levy shall state the balance due on such writ.
   44         Section 29. Subsection (1) of section 78.065, Florida
   45  Statutes, is amended to read:
   46         78.065 Order to show cause; contents.—
   47         (1) The court without delay shall examine the complaint
   48  filed; and, if on the basis of the complaint and further showing
   49  of the plaintiff in support of it the court finds that the
   50  defendant has waived in accordance with s. 78.075 his or her
   51  right to be notified and heard, the court shall promptly issue
   52  an order authorizing the clerk of the court to issue a writ of
   53  replevin. The court shall advance the cause on the calendar.
   54         Section 30. Subsection (1) of section 78.068, Florida
   55  Statutes, is amended to read:
   56         78.068 Prejudgment writ of replevin.—
   57         (1) A prejudgment writ of replevin may be issued and the
   58  property seized delivered forthwith to the petitioners when the
   59  nature of the claim and the amount thereof, if any, and the
   60  grounds relied upon for the issuance of the writ clearly appear
   61  from specific facts shown by the verified petition or by
   62  separate affidavit of the petitioner. The court shall advance
   63  the cause on the calendar.
   64         Section 31. Subsection (17) is added to section 320.02,
   65  Florida Statutes, to read:
   66         320.02 Registration required; application for registration;
   67  forms.—
   68         (17)If any applicant’s name appears on a list of persons
   69  who may not be issued a license plate, revalidation sticker, or
   70  replacement license plate after a written notice to surrender a
   71  vehicle was submitted to the department by a lienor as provided
   72  in s. 320.1316, the department may withhold renewal of
   73  registration or replacement registration of any motor vehicle
   74  owned by the applicant at the time the notice was submitted by
   75  the lienor. The lienor must maintain proof that written notice
   76  to surrender the vehicle was sent to each registered owner
   77  pursuant to s. 320.1316(1). A revalidation sticker or
   78  replacement license plate may not be issued until that person’s
   79  name no longer appears on the list or until the person presents
   80  documentation from the lienor that the vehicle has been
   81  surrendered to the lienor. The department shall not withhold an
   82  initial registration in connection with an applicant’s purchase
   83  or lease of a motor vehicle solely because the applicant’s name
   84  is on the list created by s. 320.1316.
   85         Section 32. Subsection (10) is added to section 320.03,
   86  Florida Statutes, to read:
   87         320.03 Registration; duties of tax collectors;
   88  International Registration Plan.—
   89         (10)Jurisdiction over the outsourced electronic filing
   90  system for use by licensed motor vehicle dealers electronically
   91  to title and to register motor vehicles and to issue or to
   92  transfer registration license plates or decals is expressly
   93  preempted to the state. The department shall continue its
   94  current outsourcing of the existing electronic filing system,
   95  including its program standards. The electronic filing system is
   96  approved for use in all counties, shall apply uniformly to all
   97  tax collectors of the state, and no tax collector may add or
   98  detract from the program standards in his or her respective
   99  county. A motor vehicle dealer licensed under this chapter may
  100  charge a fee to the customer for use of the electronic filing
  101  system and such fee is not a component of the program standards.
  102  Final authority over disputes relating to program standards lies
  103  with the department. By January 1, 2010, the Office of Program
  104  Policy Analysis and Government Accountability, with input from
  105  the department and from affected parties, including tax
  106  collectors, service providers, and motor vehicle dealers, shall
  107  report to the President of the Senate and the Speaker of the
  108  House of Representatives on the status of the outsourced
  109  electronic filing system, including the program standards, and
  110  its compliance with this subsection. The report shall identify
  111  all public and private alternatives for continued operation of
  112  the electronic filing system and shall include any and all
  113  appropriate recommendations, including revisions to the program
  114  standards.
  115         Section 33. Section 320.1316, Florida Statutes, is created
  116  to read:
  117         320.1316Failure to surrender vehicle or vessel.—
  118         (1)Upon receipt from a lienor who claims a lien on a
  119  vehicle pursuant to s. 319.27 by the Department of Highway
  120  Safety and Motor Vehicles of written notice to surrender a
  121  vehicle or vessel that has been disposed of, concealed, removed,
  122  or destroyed by the lienee, the department shall place the name
  123  of the registered owner of that vehicle on the list of those
  124  persons who may not be issued a license plate, revalidation
  125  sticker, or replacement license plate for any motor vehicle
  126  under s. 320.03(8) owned by the lienee at the time the notice
  127  was given by the lienor. If the vehicle is owned jointly by more
  128  than one person, the name of each registered owner shall be
  129  placed on the list.
  130         (2)The notice to surrender the vehicle shall be submitted
  131  on forms developed by the department, which must include:
  132         (a)The name, address, and telephone number of the lienor.
  133         (b)The name of the registered owner of the vehicle and the
  134  address to which the lienor provided notice to surrender the
  135  vehicle to the registered owner.
  136         (c)A general description of the vehicle, including its
  137  color, make, model, body style, and year.
  138         (d)The vehicle identification number, registration license
  139  plate number, if known, or other identification number, as
  140  applicable.
  141         (3)The registered owner of the vehicle may dispute a
  142  notice to surrender the vehicle by notifying the department of
  143  the dispute in writing on forms provided by the department and
  144  presenting proof that the vehicle was sold to a motor vehicle
  145  dealer licensed under s. 320.27, a mobile home dealer licensed
  146  under s. 320.77, or a recreational vehicle dealer licensed under
  147  s. 320.771.
  148         Section 34. Section 559.903, Florida Statutes, is amended
  149  to read:
  150         559.903 Definitions.—As used in this act:
  151         (1) “Customer” means the person who signs the written
  152  repair estimate or any other person whom the person who signs
  153  the written repair estimate designates on the written repair
  154  estimate as a person who may authorize repair work.
  155         (2) “Department” means the Department of Agriculture and
  156  Consumer Services.
  157         (3) “Employee” means an individual who is employed full
  158  time or part time by a motor vehicle repair shop and performs
  159  motor vehicle repair.
  160         (4) “Final estimate” means the last estimate approved by
  161  the customer either in writing or orally, as evidenced by the
  162  written repair estimate.
  163         (5)“Lienholder” means the person or entity that holds a
  164  lien or security interest on the motor vehicle and who perfected
  165  the lien or security interest on the motor vehicle pursuant to
  166  s. 319.27.
  167         (6)(5) “Motor vehicle” means any automobile, truck, bus,
  168  recreational vehicle, motorcycle, motor scooter, or other motor
  169  powered vehicle, but does not include trailers, mobile homes,
  170  travel trailers, trailer coaches without independent motive
  171  power, watercraft or aircraft, or special mobile equipment as
  172  defined in s. 316.003(48).
  173         (7)“Motor vehicle repair” means all maintenance of and
  174  modifications and repairs to motor vehicles, and diagnostic work
  175  incident thereto, including, but not limited to, the rebuilding
  176  or restoring of rebuilt vehicles, body work, painting, warranty
  177  work, and other work customarily undertaken by motor vehicle
  178  repair shops.
  179         (8)(6) “Motor vehicle repair shop” means any person who,
  180  for compensation, engages or attempts to engage in the repair of
  181  motor vehicles owned by other persons and includes, but is not
  182  limited to: mobile motor vehicle repair shops, motor vehicle and
  183  recreational vehicle dealers; garages; service stations; self
  184  employed individuals; truck stops; paint and body shops; brake,
  185  muffler, or transmission shops; and shops doing glass work. Any
  186  person who engages solely in the maintenance or repair of the
  187  coach portion of a recreational vehicle is not a motor vehicle
  188  repair shop.
  189         (7) “Place of business” means a physical place where the
  190  business of motor vehicle repair is conducted, including any
  191  vehicle constituting a mobile motor vehicle repair shop from
  192  which the business of motor vehicle repair is conducted.
  193         (8) “Motor vehicle repair” means all maintenance of and
  194  modifications and repairs to motor vehicles, and diagnostic work
  195  incident thereto, including, but not limited to, the rebuilding
  196  or restoring of rebuilt vehicles, body work, painting, warranty
  197  work, and other work customarily undertaken by motor vehicle
  198  repair shops.
  199         (9)“Owner” means the person or persons whose names appear
  200  on the title to the motor vehicle.
  201         (10)“Place of business” means a physical place where the
  202  business of motor vehicle repair is conducted, including any
  203  vehicle constituting a mobile motor vehicle repair shop from
  204  which the business of motor vehicle repair is conducted.
  205         Section 35. Section 559.917, Florida Statutes, is amended
  206  to read:
  207         559.917 Bond to release possessory lien claimed by motor
  208  vehicle repair shop.—
  209         (1)(a) Any customer may obtain the release of her or his
  210  motor vehicle from any lien claimed under part II of chapter 713
  211  by a motor vehicle repair shop for repair work performed under a
  212  written repair estimate by filing with the clerk of the court in
  213  the circuit in which the disputed transaction occurred a cash or
  214  surety bond, payable to the person claiming the lien and
  215  conditioned for the payment of any judgment which may be entered
  216  on the lien. The bond shall be in the amount stated on the
  217  invoice required by s. 559.911, plus accrued storage charges, if
  218  any, less any amount paid to the motor vehicle repair shop as
  219  indicated on the invoice, plus 15 percent. The customer shall
  220  not be required to institute judicial proceedings in order to
  221  post the bond in the registry of the court, nor shall the
  222  customer be required to use a particular form for posting the
  223  bond, unless the clerk shall provide such form to the customer
  224  for filing. Upon the posting of such bond, the clerk of the
  225  court shall automatically issue a certificate notifying the
  226  lienor of the posting of the bond and directing the lienor to
  227  release the customer’s motor vehicle.
  228         (b) The lienor shall have 60 days to file suit to recover
  229  the bond. The prevailing party in that action may be entitled to
  230  damages plus court costs and reasonable attorney’s fees. If the
  231  lienor fails to file suit within 60 days after the posting of
  232  such bond, the bond shall be discharged.
  233         (c)The owner or lienholder may obtain the release of a
  234  motor vehicle pursuant to s. 713.78.
  235         (2) The failure of a lienor to release or return to the
  236  customer, owner, or lienholder the motor vehicle upon which any
  237  lien is claimed, upon receiving a copy of a certificate giving
  238  notice of the posting of the bond and directing release of the
  239  motor vehicle, shall subject the lienor to judicial proceedings
  240  which may be brought by the customer, owner, or lienholder to
  241  compel compliance with the certificate. Whenever a customer,
  242  owner, or lienholder brings an action to compel compliance with
  243  the certificate, the customer, owner, or lienholder need only
  244  establish that:
  245         (a) Bond in the amount of the invoice, plus accrued storage
  246  charges, if any, less any amount paid to the motor vehicle
  247  repair shop as indicated on the invoice, plus 15 percent, was
  248  posted;
  249         (b) A certificate was issued pursuant to this section;
  250         (c) The motor vehicle repair shop, or any employee or agent
  251  thereof who is authorized to release the motor vehicle, received
  252  a copy of a certificate issued pursuant to this section; and
  253         (d) The motor vehicle repair shop or employee authorized to
  254  release the motor vehicle failed to release the motor vehicle.
  255  
  256  The customer, owner, or lienholder, upon a judgment in her or
  257  his favor in an action brought under this subsection, may be
  258  entitled to damages plus court costs and reasonable attorney’s
  259  fees sustained by her or him by reason of such wrongful
  260  detention or retention. Upon a judgment in favor of the motor
  261  vehicle repair shop, the shop may be entitled to reasonable
  262  attorney’s fees.
  263         (3) Any motor vehicle repair shop which, or any employee or
  264  agent thereof who is authorized to release the motor vehicle
  265  who, upon receiving a copy of a certificate giving notice of the
  266  posting of the bond in the required amount and directing release
  267  of the motor vehicle, fails to release or return the property to
  268  the customer, owner, or lienholder pursuant to this section
  269  commits is guilty of a misdemeanor of the second degree,
  270  punishable as provided in s. 775.082 or s. 775.083.
  271         (4) Any customer, owner, or lienholder who stops payment on
  272  a credit card charge or a check drawn in favor of a motor
  273  vehicle repair shop on account of an invoice or who fails to
  274  post a cash or surety bond pursuant to this section shall be
  275  prohibited from any recourse under this section with respect to
  276  the motor vehicle repair shop.
  277         Section 36. Section 713.585, Florida Statutes, is amended
  278  to read:
  279         713.585 Enforcement of lien by sale of motor vehicle.—A
  280  person claiming a lien under s. 713.58 for performing labor or
  281  services on a motor vehicle may enforce such lien by sale of the
  282  vehicle in accordance with the following procedures:
  283         (1) The lienor must give notice, by certified mail, return
  284  receipt requested, within 10 15 business days, excluding
  285  Saturday and Sunday, from the beginning date of the assessment
  286  of storage charges on the said motor vehicle, to the registered
  287  owner of the vehicle, to the customer as indicated on the order
  288  for repair, and to all other persons claiming an interest in or
  289  lien thereon, as disclosed by the records of the Department of
  290  Highway Safety and Motor Vehicles or of a corresponding agency
  291  of any other state in which the vehicle appears registered. Such
  292  notice must contain:
  293         (a) A description of the vehicle (year, make, vehicle
  294  identification number) and its location.
  295         (b) The name and address of the owner of the vehicle, the
  296  customer as indicated on the order for repair, and any person
  297  claiming an interest in or lien thereon.
  298         (c) The name, address, and telephone number of the lienor.
  299         (d) Notice that the lienor claims a lien on the vehicle for
  300  labor and services performed and storage charges, if any, and
  301  the cash sum which, if paid to the lienor, would be sufficient
  302  to redeem the vehicle from the lien claimed by the lienor.
  303         (e) Notice that the lien claimed by the lienor is subject
  304  to enforcement pursuant to this section and that the vehicle may
  305  be sold to satisfy the lien.
  306         (f) If known, the date, time, and location of any proposed
  307  or scheduled sale of the vehicle. No vehicle may be sold earlier
  308  than 50 60 days after completion of the repair work.
  309         (g) Notice that the owner of the vehicle or any person
  310  claiming an interest in or lien thereon has a right to a hearing
  311  at any time prior to the scheduled date of sale by filing a
  312  demand for hearing with the clerk of the circuit court in the
  313  county in which the vehicle is held and mailing copies of the
  314  demand for hearing to all other owners and lienors as reflected
  315  on the notice.
  316         (h) Notice that the owner or lienholder of the vehicle has
  317  a right to recover possession of the vehicle without instituting
  318  judicial proceedings by posting bond in accordance with the
  319  provisions of s. 559.917.
  320         (i) Notice that any proceeds from the sale of the vehicle
  321  remaining after payment of the amount claimed to be due and
  322  owing to the lienor will be deposited with the clerk of the
  323  circuit court for disposition upon court order pursuant to
  324  subsection (8).
  325         (2) If attempts to locate the owner or lienholder are
  326  unsuccessful, the lienor must notify the local law enforcement
  327  agency in writing by certified mail or acknowledged hand
  328  delivery that the lienor has been unable to locate the owner or
  329  lienholder, that a physical search of the vehicle has disclosed
  330  no ownership information, and that a good faith effort has been
  331  made. A description of the motor vehicle which includes the
  332  year, make, and identification number must be given on the
  333  notice. This notification must take place within 10 15 business
  334  days, excluding Saturday and Sunday, from the beginning date of
  335  the assessment of storage charges on the said motor vehicle. For
  336  purposes of this paragraph, the term “good faith effort” means
  337  that the following checks have been performed by the company to
  338  establish the prior state of registration and title:
  339         (a) A check of vehicle for any type of tag, tag record,
  340  temporary tag, or regular tag;
  341         (b) A check of vehicle for inspection sticker or other
  342  stickers and decals that could indicate the state of possible
  343  registration; and
  344         (c) A check of the interior of the vehicle for any papers
  345  that could be in the glove box, trunk, or other areas for the
  346  state of registration.
  347         (3) If the date of the sale was not included in the notice
  348  required in subsection (1), notice of the sale must be sent by
  349  certified mail, return receipt requested, not less than 15 days
  350  before the date of sale, to the customer as indicated on the
  351  order for repair, and to all other persons claiming an interest
  352  in or lien on the motor vehicle, as disclosed by the records of
  353  the Department of Highway Safety and Motor Vehicles or of a
  354  corresponding agency of any other state in which the vehicle
  355  appears to have been registered. After diligent search and
  356  inquiry, if the name and address of the registered owner or the
  357  owner of the recorded lien cannot be ascertained, the
  358  requirements for this notice may be disregarded.
  359         (4) The lienor, at least 15 days before the proposed or
  360  scheduled date of sale of the vehicle, shall publish the notice
  361  required by this section once in a newspaper circulated in the
  362  county where the vehicle is held. A certificate of compliance
  363  with the notification provisions of this section, verified by
  364  the lienor, together with a copy of the notice and return
  365  receipt for mailing of the notice required by this section, and
  366  proof of publication, must be duly and expeditiously filed with
  367  the clerk of the circuit court in the county where the vehicle
  368  is held. The lienor, at the time of filing the certificate of
  369  compliance, must pay to the clerk of that court a service charge
  370  of $10 for indexing and recording the certificate.
  371         (5) At any time prior to the proposed or scheduled date of
  372  sale of a vehicle, the owner of the vehicle, or any person
  373  claiming an interest in the vehicle or a lien thereon, may file
  374  a demand for hearing with the clerk of the circuit court in the
  375  county in which the vehicle is held to determine whether the
  376  vehicle has been wrongfully taken or withheld from her or him.
  377  Any person who files a demand for hearing shall mail copies of
  378  the demand to all other owners and lienors as reflected on the
  379  notice required in subsection (1). Upon the filing of a demand
  380  for hearing, a hearing shall be held prior to the proposed or
  381  scheduled date of sale of the vehicle.
  382         (6) In the event a lienor institutes a judicial proceeding
  383  to enforce a lien, no filing fee shall be required at the time
  384  of filing, but the court shall require the lienor to pay the
  385  filing fee unless the lienor shall prevail in the action.
  386         (7) At the hearing on the complaint, the court shall
  387  forthwith issue its order determining:
  388         (a) Whether the vehicle is subject to a valid lien by the
  389  lienor and the amount thereof;
  390         (b) The priority of the lien of the lienor as against any
  391  existing security interest in the vehicle;
  392         (c) The distribution of any proceeds of the sale by the
  393  clerk of the circuit court;
  394         (d) The award of reasonable attorney’s fees and costs to
  395  the prevailing party; and
  396         (e) The reasonableness of storage charges.
  397         (8) A vehicle subject to lien enforcement pursuant to this
  398  section must be sold by the lienor at public sale. Immediately
  399  upon the sale of the vehicle and payment in cash of the purchase
  400  price, the lienor shall deposit with the clerk of the circuit
  401  court the proceeds of the sale less the amount claimed by the
  402  lienor for work done and storage, if any, and all reasonable
  403  costs and expenses incurred in conducting the sale, including
  404  any attorney’s fees and costs ordered by the court.
  405  Simultaneously with depositing the proceeds of sale remaining
  406  after payment to the lienor, the lienor shall file with the
  407  clerk a verified report of the sale stating a description of the
  408  vehicle sold, including the vehicle identification number; the
  409  name and address of the purchaser; the date of the sale; and the
  410  selling price. The report shall also itemize the amount retained
  411  by the lienor pursuant to this section and shall indicate
  412  whether a hearing was demanded and held. All proceeds held by
  413  the court shall be held for the benefit of the owner of the
  414  vehicle or any lienholder whose lien is discharged by the sale
  415  and shall be disbursed only upon order of the court. Unless a
  416  proceeding is initiated to validate a claim to such proceeds
  417  within 1 year and a day from the date of the sale, the proceeds
  418  shall be deemed abandoned property and disposition thereof shall
  419  be governed by s. 705.103. The clerk shall receive 5 percent of
  420  the proceeds deposited with her or him, not to exceed $25, for
  421  her or his services under this section.
  422         (9) A copy of the certificate of compliance and the report
  423  of sale, certified by the clerk of the court, shall constitute
  424  satisfactory proof for application to the Department of Highway
  425  Safety and Motor Vehicles for transfer of title, together with
  426  any other proof required by any rules and regulations of the
  427  department.
  428         (10) Nothing contained in this section shall be construed
  429  as affecting an owner’s right to redeem her or his vehicle from
  430  the lien at any time prior to sale by paying the amount claimed
  431  by the lienor for work done and assessed storage charges, plus
  432  any costs incurred by the repair shop for utilizing enforcement
  433  procedures under this section.
  434         (11) Nothing in this section shall operate in derogation of
  435  the rights and remedies established by s. 559.917.
  436         (12) When a vehicle is sold by a lienor in accordance with
  437  this law, a purchaser for value takes title to the vehicle free
  438  and clear of all claims, liens, and encumbrances whatsoever,
  439  unless otherwise provided by court order.
  440         (13) A failure to make good faith efforts as defined in
  441  subsection (2) precludes the imposition of any storage charges
  442  against the vehicle. If a lienor fails to provide notice to any
  443  person claiming a lien on a vehicle under subsection (1) within
  444  10 15 business days, excluding Saturday or Sunday, after the
  445  assessment of storage charges have begun, then the lienor is
  446  precluded from charging for more than 15 days of storage, but
  447  failure to provide timely notice does not affect charges made
  448  for repairs, adjustments, or modifications to the vehicle or the
  449  priority of liens on the vehicle.
  450         Section 37. Subsection (8) of section 322.34, Florida
  451  Statutes, is amended to read:
  452         322.34 Driving while license suspended, revoked, canceled,
  453  or disqualified.—
  454         (8)(a) Upon the arrest of a person for the offense of
  455  driving while the person’s driver’s license or driving privilege
  456  is suspended or revoked, the arresting officer shall determine:
  457         1. Whether the person’s driver’s license is suspended or
  458  revoked.
  459         2. Whether the person’s driver’s license has remained
  460  suspended or revoked since a conviction for the offense of
  461  driving with a suspended or revoked license.
  462         3. Whether the suspension or revocation was made under s.
  463  316.646 or s. 627.733, relating to failure to maintain required
  464  security, or under s. 322.264, relating to habitual traffic
  465  offenders.
  466         4. Whether the driver is the registered owner or coowner of
  467  the vehicle.
  468         (b) If the arresting officer finds in the affirmative as to
  469  all of the criteria in paragraph (a), the officer shall
  470  immediately impound or immobilize the vehicle.
  471         (c) Within 7 business days after the date the arresting
  472  agency impounds or immobilizes the vehicle, either the arresting
  473  agency or the towing service, whichever is in possession of the
  474  vehicle, shall send notice by certified mail, return receipt
  475  requested, to any coregistered owners of the vehicle other than
  476  the person arrested and to each person of record claiming a lien
  477  against the vehicle. All costs and fees for the impoundment or
  478  immobilization, including the cost of notification, must be paid
  479  by the owner of the vehicle or, if the vehicle is leased, by the
  480  person leasing the vehicle.
  481         (d) Either the arresting agency or the towing service,
  482  whichever is in possession of the vehicle, shall determine
  483  whether any vehicle impounded or immobilized under this section
  484  has been leased or rented or if there are any persons of record
  485  with a lien upon the vehicle. Either the arresting agency or the
  486  towing service, whichever is in possession of the vehicle, shall
  487  notify by express courier service with receipt or certified
  488  mail, return receipt requested, within 7 business days after the
  489  date of the immobilization or impoundment of the vehicle, the
  490  registered owner and all persons having a recorded lien against
  491  the vehicle that the vehicle has been impounded or immobilized.
  492  A lessor, rental car company, or lienholder may then obtain the
  493  vehicle, upon payment of any lawful towing or storage charges.
  494  If the vehicle is a rental vehicle subject to a written
  495  contract, the charges may be separately charged to the renter,
  496  in addition to the rental rate, along with other separate fees,
  497  charges, and recoupments disclosed on the rental agreement. If
  498  the storage facility fails to provide timely notice to a lessor,
  499  rental car company, or lienholder as required by this paragraph,
  500  the storage facility shall be responsible for payment of any
  501  towing or storage charges necessary to release the vehicle to a
  502  lessor, rental car company, or lienholder that accrue after the
  503  notice period, which charges may then be assessed against the
  504  driver of the vehicle if the vehicle was lawfully impounded or
  505  immobilized.
  506         (e) Except as provided in paragraph (d), the vehicle shall
  507  remain impounded or immobilized for any period imposed by the
  508  court until:
  509         1. The owner presents proof of insurance to the arresting
  510  agency; or
  511         2. The owner presents proof of sale of the vehicle to the
  512  arresting agency and the buyer presents proof of insurance to
  513  the arresting agency.
  514  
  515  If proof is not presented within 35 days after the impoundment
  516  or immobilization, a lien shall be placed upon such vehicle
  517  pursuant to s. 713.78.
  518         (f) The owner of a vehicle that is impounded or immobilized
  519  under this subsection may, within 10 days after the date the
  520  owner has knowledge of the location of the vehicle, file a
  521  complaint in the county in which the owner resides to determine
  522  whether the vehicle was wrongfully taken or withheld. Upon the
  523  filing of a complaint, the owner or lienholder may have the
  524  vehicle released by posting with the court a bond or other
  525  adequate security equal to the amount of the costs and fees for
  526  impoundment or immobilization, including towing or storage, to
  527  ensure the payment of such costs and fees if the owner or
  528  lienholder does not prevail. When the vehicle owner or
  529  lienholder does not prevail on a complaint that the vehicle was
  530  wrongfully taken or withheld, he or she must pay the accrued
  531  charges for the immobilization or impoundment, including any
  532  towing and storage charges assessed against the vehicle. When
  533  the bond is posted and the fee is paid as set forth in s. 28.24,
  534  the clerk of the court shall issue a certificate releasing the
  535  vehicle. At the time of release, after reasonable inspection,
  536  the owner must give a receipt to the towing or storage company
  537  indicating any loss or damage to the vehicle or to the contents
  538  of the vehicle.
  539         Section 38. Subsections (4), (5), (6), and (10) of section
  540  713.78, Florida Statutes, are amended to read:
  541         713.78 Liens for recovering, towing, or storing vehicles
  542  and vessels.—
  543         (4)(a) Any person regularly engaged in the business of
  544  recovering, towing, or storing vehicles or vessels who comes
  545  into possession of a vehicle or vessel pursuant to subsection
  546  (2), and who claims a lien for recovery, towing, or storage
  547  services, shall give notice to the registered owner, the
  548  insurance company insuring the vehicle notwithstanding the
  549  provisions of s. 627.736, and to all persons claiming a lien
  550  thereon, as disclosed by the records in the Department of
  551  Highway Safety and Motor Vehicles or of a corresponding agency
  552  in any other state.
  553         (b) Whenever any law enforcement agency authorizes the
  554  removal of a vehicle or vessel or whenever any towing service,
  555  garage, repair shop, or automotive service, storage, or parking
  556  place notifies the law enforcement agency of possession of a
  557  vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
  558  law enforcement agency of the jurisdiction where the vehicle or
  559  vessel is stored shall contact the Department of Highway Safety
  560  and Motor Vehicles, or the appropriate agency of the state of
  561  registration, if known, within 24 hours through the medium of
  562  electronic communications, giving the full description of the
  563  vehicle or vessel. Upon receipt of the full description of the
  564  vehicle or vessel, the department shall search its files to
  565  determine the owner’s name, the insurance company insuring the
  566  vehicle or vessel, and whether any person has filed a lien upon
  567  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  568  notify the applicable law enforcement agency within 72 hours.
  569  The person in charge of the towing service, garage, repair shop,
  570  or automotive service, storage, or parking place shall obtain
  571  such information from the applicable law enforcement agency
  572  within 5 days after the date of storage and shall give notice
  573  pursuant to paragraph (a). The department may release the
  574  insurance company information to the requestor notwithstanding
  575  the provisions of s. 627.736.
  576         (c) Notice by certified mail, return receipt requested,
  577  shall be sent within 7 business days after the date of storage
  578  of the vehicle or vessel to the registered owner, the insurance
  579  company insuring the vehicle notwithstanding the provisions of
  580  s. 627.736, and all persons of record claiming a lien against
  581  the vehicle or vessel. It shall state the fact of possession of
  582  the vehicle or vessel, that a lien as provided in subsection (2)
  583  is claimed, that charges have accrued and the amount thereof,
  584  that the lien is subject to enforcement pursuant to law, and
  585  that the owner or lienholder, if any, has the right to a hearing
  586  as set forth in subsection (5), and that any vehicle or vessel
  587  which remains unclaimed, or for which the charges for recovery,
  588  towing, or storage services remain unpaid, may be sold free of
  589  all prior liens after 35 days if the vehicle or vessel is more
  590  than 3 years of age or after 50 days if the vehicle or vessel is
  591  3 years of age or less.
  592         (d) If attempts to locate the name and address of the owner
  593  or lienholder prove unsuccessful, the towing-storage operator
  594  shall, after 7 working days, excluding Saturday and Sunday, of
  595  the initial tow or storage, notify the public agency of
  596  jurisdiction where the vehicle or vessel is stored in writing by
  597  certified mail or acknowledged hand delivery that the towing
  598  storage company has been unable to locate the name and address
  599  of the owner or lienholder and a physical search of the vehicle
  600  or vessel has disclosed no ownership information and a good
  601  faith effort has been made. For purposes of this paragraph and
  602  subsection (9), “good faith effort” means that the following
  603  checks have been performed by the company to establish prior
  604  state of registration and for title:
  605         1. Check of vehicle or vessel for any type of tag, tag
  606  record, temporary tag, or regular tag.
  607         2. Check of law enforcement report for tag number or other
  608  information identifying the vehicle or vessel, if the vehicle or
  609  vessel was towed at the request of a law enforcement officer.
  610         3. Check of trip sheet or tow ticket of tow truck operator
  611  to see if a tag was on vehicle or vessel at beginning of tow, if
  612  private tow.
  613         4. If there is no address of the owner on the impound
  614  report, check of law enforcement report to see if an out-of
  615  state address is indicated from driver license information.
  616         5. Check of vehicle or vessel for inspection sticker or
  617  other stickers and decals that may indicate a state of possible
  618  registration.
  619         6. Check of the interior of the vehicle or vessel for any
  620  papers that may be in the glove box, trunk, or other areas for a
  621  state of registration.
  622         7. Check of vehicle for vehicle identification number.
  623         8. Check of vessel for vessel registration number.
  624         9. Check of vessel hull for a hull identification number
  625  which should be carved, burned, stamped, embossed, or otherwise
  626  permanently affixed to the outboard side of the transom or, if
  627  there is no transom, to the outmost seaboard side at the end of
  628  the hull that bears the rudder or other steering mechanism.
  629         (5)(a) The owner of a vehicle or vessel removed pursuant to
  630  the provisions of subsection (2), or any person claiming a lien,
  631  other than the towing-storage operator, within 10 days after the
  632  time she or he has knowledge of the location of the vehicle or
  633  vessel, may file a complaint in the county court of the county
  634  in which the vehicle or vessel is stored or in which the owner
  635  resides to determine if her or his property was wrongfully taken
  636  or withheld from her or him.
  637         (b) Upon filing of a complaint, an owner or lienholder may
  638  have her or his vehicle or vessel released upon posting with the
  639  court a cash or surety bond or other adequate security equal to
  640  the amount of the charges for towing or storage and lot rental
  641  amount to ensure the payment of such charges in the event she or
  642  he does not prevail. Upon the posting of the bond and the
  643  payment of the applicable fee set forth in s. 28.24, the clerk
  644  of the court shall issue a certificate notifying the lienor of
  645  the posting of the bond and directing the lienor to release the
  646  vehicle or vessel. At the time of such release, after reasonable
  647  inspection, she or he shall give a receipt to the towing-storage
  648  company reciting any claims she or he has for loss or damage to
  649  the vehicle or vessel or the contents thereof.
  650         (c) Upon determining the respective rights of the parties,
  651  the court may award damages, attorney’s fees, and costs in favor
  652  of the prevailing party. In any event, the final order shall
  653  provide for immediate payment in full of recovery, towing, and
  654  storage fees by the vehicle or vessel owner or lienholder; or
  655  the agency ordering the tow; or the owner, lessee, or agent
  656  thereof of the property from which the vehicle or vessel was
  657  removed.
  658         (6) Any vehicle or vessel which is stored pursuant to
  659  subsection (2) and which remains unclaimed, or for which
  660  reasonable charges for recovery, towing, or storing remain
  661  unpaid, and any contents not released pursuant to subsection
  662  (10), may be sold by the owner or operator of the storage space
  663  for such towing or storage charge after 35 days from the time
  664  the vehicle or vessel is stored therein if the vehicle or vessel
  665  is more than 3 years of age or after 50 days following the time
  666  the vehicle or vessel is stored therein if the vehicle or vessel
  667  is 3 years of age or less. The sale shall be at public sale
  668  auction for cash. If the date of the sale was not included in
  669  the notice required in subsection (4), notice of the sale shall
  670  be given to the person in whose name the vehicle or vessel is
  671  registered and to all persons claiming a lien on the vehicle or
  672  vessel as shown on the records of the Department of Highway
  673  Safety and Motor Vehicles or of the corresponding agency in any
  674  other state. Notice shall be sent by certified mail, return
  675  receipt requested, to the owner of the vehicle or vessel and the
  676  person having the recorded lien on the vehicle or vessel at the
  677  address shown on the records of the registering agency and shall
  678  be mailed not less than 15 days before the date of the sale.
  679  After diligent search and inquiry, if the name and address of
  680  the registered owner or the owner of the recorded lien cannot be
  681  ascertained, the requirements of notice by mail may be dispensed
  682  with. In addition to the notice by mail, public notice of the
  683  time and place of sale shall be made by publishing a notice
  684  thereof one time, at least 10 days prior to the date of the
  685  sale, in a newspaper of general circulation in the county in
  686  which the sale is to be held. The proceeds of the sale, after
  687  payment of reasonable towing and storage charges, and costs of
  688  the sale, in that order of priority, shall be deposited with the
  689  clerk of the circuit court for the county if the owner or
  690  lienholder is absent, and the clerk shall hold such proceeds
  691  subject to the claim of the owner or lienholder person legally
  692  entitled thereto. The clerk shall be entitled to receive 5
  693  percent of such proceeds for the care and disbursement thereof.
  694  The certificate of title issued under this law shall be
  695  discharged of all liens unless otherwise provided by court
  696  order. The owner or lienholder may file a complaint after the
  697  vehicle or vessel has been sold in the county court of the
  698  county in which it is stored. Upon determining the respective
  699  rights of the parties, the court may award damages, attorney’s
  700  fees, and costs in favor of the prevailing party.
  701         (10) Persons who provide services pursuant to this section
  702  shall permit vehicle or vessel owners, lienholders, or their
  703  agents, which agency is evidenced by an original writing
  704  acknowledged by the owner before a notary public or other person
  705  empowered by law to administer oaths, to inspect the towed
  706  vehicle or vessel and shall release to the owner, lienholder, or
  707  agent the vehicle, vessel, or all personal property not affixed
  708  to the vehicle or vessel which was in the vehicle or vessel at
  709  the time the vehicle or vessel came into the custody of the
  710  person providing such services.
  711         Section 39. Effective October 1, 2009, paragraph (c) is
  712  added to subsection (2) of section 320.0609, Florida Statutes,
  713  to read:
  714         320.0609 Transfer and exchange of registration license
  715  plates; transfer fee.—
  716         (2)
  717         (c)If a retail sale by a licensed independent motor
  718  vehicle dealer results in the transfer of a registration license
  719  plate, a temporary tag shall be issued and displayed during the
  720  time that the application for transfer of such registration
  721  license plate is being processed unless the department’s records
  722  reflect that the transfer has occurred. However, this paragraph
  723  shall not apply to independent motor vehicle dealers that are
  724  owned by principals that also hold a franchise motor vehicle
  725  dealer license in this state. This paragraph is repealed June
  726  30, 2010.
  727         Section 40. Effective July 1, 2010, subsection (8) is added
  728  to section 320.0609, Florida Statutes, to read:
  729         320.0609 Transfer and exchange of registration license
  730  plates; transfer fee.—
  731         (8)(a)When the owner of a vehicle transfers a registration
  732  license plate to a replacement or substitute vehicle acquired
  733  from a motor vehicle dealer licensed under this chapter, the
  734  dealer shall timely provide to the department, via an electronic
  735  system administered by the department for this purpose,
  736  information regarding the transfer which is required by the
  737  department. The dealer shall also give the owner written notice
  738  documenting the transfer if the dealer cannot timely provide the
  739  required transfer information to the department due to system or
  740  connectivity problems. The dealer shall maintain all records
  741  required by the department which must be open to inspection by
  742  the department or its agents during reasonable business hours.
  743  The dealer may charge the vehicle owner a fee to comply with
  744  this subsection. The department may charge a fee of $2 to be
  745  deposited into the Highway Safety Operating Trust Fund for each
  746  transfer in addition to any other fee imposed by law.
  747         (b)A dealer is not required to comply with paragraph (a)
  748  if the department’s records are otherwise modified on the date
  749  of transfer to reflect that the transfer has occurred.
  750         (c)The department has authority to adopt rules pursuant to
  751  ss. 120.536(1) and 120.54 to administer this subsection.
  752         Section 41. Effective October 1, 2009, paragraph (m) is
  753  added to subsection (1) of section 320.131, Florida Statutes, to
  754  read:
  755         320.131 Temporary tags.—
  756         (1) The department is authorized and empowered to design,
  757  issue, and regulate the use of temporary tags to be designated
  758  “temporary tags” for use in the following cases:
  759         (m)For a retail sale by a licensed independent motor
  760  vehicle dealer when an application for the transfer of a
  761  registration license plate is being processed. This paragraph is
  762  repealed June 30, 2010.
  763  
  764  Further, the department is authorized to disallow the purchase
  765  of temporary tags by licensed dealers, common carriers, or
  766  financial institutions in those cases where abuse has occurred.
  767         Section 42. Paragraphs (d) and (i) of subsection (6) of
  768  section 316.193, Florida Statutes, are amended, and subsections
  769  (13) and (14) are added to that section, to read:
  770         316.193 Driving under the influence; penalties.—
  771         (6) With respect to any person convicted of a violation of
  772  subsection (1), regardless of any penalty imposed pursuant to
  773  subsection (2), subsection (3), or subsection (4):
  774         (d) The court must at the time of sentencing the defendant
  775  issue an order for the impoundment or immobilization of a
  776  vehicle. The order of impoundment or immobilization must include
  777  the name and telephone numbers of all immobilization agencies
  778  meeting all of the conditions of subsection (13). Within 7
  779  business days after the date that the court issues the order of
  780  impoundment or immobilization, the clerk of the court must send
  781  notice by certified mail, return receipt requested, to the
  782  registered owner of each vehicle, if the registered owner is a
  783  person other than the defendant, and to each person of record
  784  claiming a lien against the vehicle.
  785         (i) All costs and fees for the impoundment or
  786  immobilization, including the cost of notification, must be paid
  787  by the owner of the vehicle or, if the vehicle is leased or
  788  rented, by the person leasing or renting the vehicle, unless the
  789  impoundment or immobilization order is dismissed. All provisions
  790  of s. 713.78 shall apply. The costs and fees for the impoundment
  791  or immobilization must be paid directly to the person impounding
  792  or immobilizing the vehicle.
  793  
  794  For the purposes of this section, any conviction for a violation
  795  of s. 327.35; a previous conviction for the violation of former
  796  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  797  previous conviction outside this state for driving under the
  798  influence, driving while intoxicated, driving with an unlawful
  799  blood-alcohol level, driving with an unlawful breath-alcohol
  800  level, or any other similar alcohol-related or drug-related
  801  traffic offense, is also considered a previous conviction for
  802  violation of this section. However, in satisfaction of the fine
  803  imposed pursuant to this section, the court may, upon a finding
  804  that the defendant is financially unable to pay either all or
  805  part of the fine, order that the defendant participate for a
  806  specified additional period of time in public service or a
  807  community work project in lieu of payment of that portion of the
  808  fine which the court determines the defendant is unable to pay.
  809  In determining such additional sentence, the court shall
  810  consider the amount of the unpaid portion of the fine and the
  811  reasonable value of the services to be ordered; however, the
  812  court may not compute the reasonable value of services at a rate
  813  less than the federal minimum wage at the time of sentencing.
  814         (13)If personnel of the circuit court or the sheriff do
  815  not immobilize vehicles, only immobilization agencies that meet
  816  the conditions of this subsection shall immobilize vehicles in
  817  that judicial circuit.
  818         (a)The immobilization agency responsible for immobilizing
  819  vehicles in that judicial circuit shall be subject to strict
  820  compliance with all of the following conditions and
  821  restrictions:
  822         1.Any immobilization agency engaged in the business of
  823  immobilizing vehicles shall:
  824         a.Have a class “R” license issued pursuant to part IV of
  825  chapter 493;
  826         b.Have at least 3 years of verifiable experience in
  827  immobilizing vehicles; and
  828         c.Maintain accurate and complete records of all payments
  829  for the immobilization, copies of all documents pertaining to
  830  the court’s order of impoundment or immobilization, and any
  831  other documents relevant to each immobilization. Such records
  832  must be maintained by the immobilization agency for at least 3
  833  years.
  834         2.The person who immobilizes a vehicle must never have
  835  been convicted of any felony or of driving or boating under the
  836  influence of alcohol or a controlled substance in the last 3
  837  years.
  838         (b)A person who violates paragraph (a) commits a
  839  misdemeanor of the first degree, punishable as provided in s.
  840  775.082 or s. 775.083.
  841         (c)Any immobilization agency who is aggrieved by a
  842  person’s violation of paragraph (a) may bring a civil action
  843  against the person who violated paragraph (a) seeking injunctive
  844  relief, damages, reasonable attorney’s fees and costs, and any
  845  other remedy available at law or in equity as may be necessary
  846  to enforce this subsection. In any action to enforce this
  847  subsection, establishment of a violation of paragraph (a) shall
  848  conclusively establish a clear legal right to injunctive relief,
  849  that irreparable harm will be caused if an injunction does not
  850  issue, that no adequate remedy at law exists, and that public
  851  policy favors issuance of injunctive relief.
  852         (14)As used in this chapter, the term:
  853         (a)“Immobilization,” “immobilizing,” or “immobilize”means
  854  the act of installing a vehicle antitheft device on the steering
  855  wheel of a vehicle, the act of placing a tire lock or wheel
  856  clamp on a vehicle, or a governmental agency’s act of taking
  857  physical possession of the license tag and vehicle registration
  858  rendering a vehicle legally inoperable to prevent any person
  859  from operating the vehicle pursuant to an order of impoundment
  860  or immobilization under subsection (6).
  861         (b)“Immobilization agency” or “immobilization agencies”
  862  means any firm, company, agency, organization, partnership,
  863  corporation, association, trust, or other business entity of any
  864  kind whatsoever that meets all of the conditions of subsection
  865  (13).
  866         (c)“Impoundment,” “impounding,” or “impound” means the act
  867  of storing a vehicle at a storage facility pursuant to an order
  868  of impoundment or immobilization under subsection (6) where the
  869  person impounding the vehicle exercises control, supervision,
  870  and responsibility over the vehicle.
  871         (d)“Person” means any individual, firm, company, agency,
  872  organization, partnership, corporation, association, trust, or
  873  other business entity of any kind whatsoever.
  874         Section 43. Except as otherwise expressly provided in this
  875  act, this act shall take effect July 1, 2009.
  876  
  877  ================= T I T L E  A M E N D M E N T ================
  878         And the title is amended as follows:
  879         Delete line 1428
  880  and insert:
  881         Regional Transportation Authority; amending s. 30.231,
  882         F.S.; authorizing sheriffs expediting execution of a
  883         writ of replevin to recover certain additional
  884         expenses; amending s. 30.30, F.S.; requiring sheriffs
  885         to expedite certain writs of replevin within a
  886         specified amount of time; amending s. 78.065, F.S.;
  887         requiring courts to advance certain matters related to
  888         writs of replevin on the calendar; amending s. 78.068,
  889         F.S.; requiring courts to advance certain matters
  890         related to prejudgment writs of replevin on the
  891         calendar; amending s. 320.02, F.S.; authorizing the
  892         Department of Highway Safety and Motor Vehicles to
  893         withhold renewal of registration or replacement
  894         registration of specified motor vehicles under certain
  895         circumstances; amending s. 320.03, F.S.; preemption
  896         jurisdiction over the outsourced electronic filing
  897         system to the state; requiring the department to
  898         continue its current outsourcing of the existing
  899         electronic filing system; approving the system for use
  900         in all counties; authorizing motor vehicle dealers to
  901         charge certain fees; requiring a report from the
  902         Office of Program Policy Analysis and Government
  903         Accountability by a specified date; creating s.
  904         320.1316, F.S.; providing responsibilities of the
  905         department relating to the issuance of a license
  906         plate, revalidation sticker, or replacement license
  907         plate for certain vehicles; requiring the department
  908         to create a notice to surrender form; providing
  909         procedures for the dispute of a notice to surrender;
  910         amending s. 559.903, F.S.; defining the terms
  911         “lienholder” and “owner” for purposes of the Florida
  912         Motor Vehicle Repair Act; amending s. 559.917, F.S.;
  913         revising the amount of the bond required to release a
  914         possessory lien claimed by a motor vehicle repair
  915         shop; providing for a motor vehicle owner or
  916         lienholder to obtain the release of a motor vehicle
  917         from a motor vehicle repair shop; revising criteria
  918         required to establish an action to compel compliance;
  919         amending s. 713.585, F.S.; modifying procedures for
  920         enforcing liens for labor or services by sale of a
  921         motor vehicle; amending s. 322.34, F.S.; creating
  922         certain rights for lienholders; deleting a return
  923         receipt mailing requirement; amending s. 713.78, F.S.;
  924         clarifying provisions; deleting a return receipt
  925         mailing requirement; creating certain rights for
  926         lienholders; deleting a provision that allows a
  927         complaint to be filed in the county where the owner
  928         resides; creating a cause of action to determine the
  929         rights of the parties after a vehicle or vessel has
  930         been sold; providing for attorney’s fees and costs;
  931         providing a right of inspection to lienholders;
  932         amending s. 320.0609, F.S., relating to the transfer
  933         and exchange of registration license plates and
  934         transfer fees; requiring that a temporary tag be
  935         issued and displayed during the time that an
  936         application for a transfer of a registration license
  937         plate is being processed; providing exceptions;
  938         amending s. 320.131, F.S.; authorizing the department
  939         to issue temporary tags for the time that an
  940         application for a transfer of a registration license
  941         plate is being processed; amending s. 320.0609, F.S.,
  942         relating to the transfer and exchange of registration
  943         license plates and transfer fees; requiring a licensed
  944         motor vehicle dealer to provide certain required
  945         information via an electronic system to the department
  946         when the owner of a vehicle transfers a registration
  947         license plate to a replacement or substitute vehicle
  948         acquired from the dealer; providing that the
  949         electronic system shall be administered by the
  950         department; requiring the dealer to give the owner
  951         written notice documenting the transfer if the dealer
  952         cannot provide the required transfer information to
  953         the department under certain circumstances; requiring
  954         the dealer to maintain certain records; providing for
  955         the dealer and the department to charge a fee;
  956         providing for exceptions; authorizing the department
  957         to adopt rules; amending s. 316.193, F.S.; requiring
  958         the court to include in the order of impoundment or
  959         immobilization the names and telephone numbers of
  960         immobilization agencies that meet specified
  961         requirements; requiring the person whose vehicle is
  962         ordered to be impounded or immobilized to pay the
  963         impoundment or immobilization fees and costs directly
  964         to the person impounding or immobilizing the vehicle;
  965         establishing conditions and restrictions for
  966         immobilization agencies who are engaged in the
  967         business of immobilizing vehicles in judicial circuits
  968         where personnel of the court or sheriff do not
  969         immobilize vehicles; providing penalties for violating
  970         such conditions and restrictions; authorizing
  971         aggrieved immobilization agency to initiate a civil
  972         action against a person who commits such violation;
  973         providing for attorney’s fees and costs; defining the
  974         terms “immobilization,” “immobilize,” “immobilizing,”
  975         “immobilization agency,” “immobilization agencies,”
  976         “impound,” “impounding,” “impoundment,” and “person”;
  977         providing effective dates.