Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 422
Barcode 282960
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2009 .
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The Committee on Transportation (Gardiner) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 9 - 10
4 and insert:
5 Section 1. Paragraph (b) of subsection (4)of section
6 163.3180, Florida Statutes, is amended to read:
7 (4)(b) The concurrency requirement as implemented in local
8 comprehensive plans does not apply to public transit facilities.
9 For the purposes of this paragraph, public transit facilities
10 include transit stations and terminals; transit station parking;
11 park-and-ride lots; intermodal public transit connection or
12 transfer facilities; fixed bus, guideway, and rail stations; and
13 airport passenger terminals and concourses, air cargo
14 facilities, and hangars for the assembly, manufacture,
15 maintenance or storage of aircraft. As used in this paragraph,
16 the terms “terminals” and “transit facilities” do not include
17 seaports or commercial or residential development constructed in
18 conjunction with a public transit facility.
19 Section 2. Section 316.29545, Florida Statutes, is amended
20 to read:
21 316.29545 Window sunscreening exclusions; medical
22 exemption; certain law enforcement vehicles and private
23 investigative service vehicles exempt.—
24 (1) The department shall issue medical exemption
25 certificates to persons who are afflicted with Lupus or similar
26 medical conditions which require a limited exposure to light,
27 which certificates shall entitle the person to whom the
28 certificate is issued to have sunscreening material on the
29 windshield, side windows, and windows behind the driver which is
30 in violation of the requirements of ss. 316.2951-316.2957. The
31 department shall provide, by rule, for the form of the medical
32 certificate authorized by this section. At a minimum, the
33 medical exemption certificate shall include a vehicle
34 description with the make, model, year, vehicle identification
35 number, medical exemption decal number issued for the vehicle,
36 and the name of the person or persons who are the registered
37 owners of the vehicle. A medical exemption certificate shall be
38 nontransferable and shall become null and void upon the sale or
39 transfer of the vehicle identified on the certificate.
40 (2) The department shall exempt all law enforcement
41 vehicles used in undercover or canine operations from the window
42 sunscreening requirements of ss. 316.2951-316.2957.
43 (3) The department shall exempt from the window
44 sunscreening restrictions of ss. 316.2953, 316.2954, and
45 316.2956 vehicles owned or leased by private investigative
46 agencies licensed under chapter 493 and used in homeland
47 security functions on behalf of federal, state, or local
48 authorities; executive protection activities; undercover,
49 covert, or surveillance operations involving child abductions,
50 convicted sex offenders, insurance fraud, or missing persons or
51 property; or investigative activities in which evidence is being
52 obtained for civil or criminal court proceedings.
53 (4)(3) The department may charge a fee in an amount
54 sufficient to defray the expenses of issuing a medical exemption
55 certificate as described in subsection (1).
56 Section 3. Subsection (14) of section 316.515, Florida
57 Statutes, is amended to read:
58 316.515 Maximum width, height, length.—
59 (14) MANUFACTURED BUILDINGS.—The Department of
60 Transportation may, in its discretion and upon application and
61 good cause shown therefor that the same is not contrary to the
62 public interest, issue a special permit for truck tractor
63 semitrailer combinations where the total number of overwidth
64 deliveries of manufactured buildings, as defined in s.
65 553.36(13), may be reduced by permitting the use of multiple
66 sections or single units on an overlength trailer of no more
67 than 80 54 feet.
68 Section 4. Subsection (3) of section 316.545, Florida
69 Statutes, is amended to read:
70 316.545 Weight and load unlawful; special fuel and motor
71 fuel tax enforcement; inspection; penalty; review.—
72 (3) Any person who violates the overloading provisions of
73 this chapter shall be conclusively presumed to have damaged the
74 highways of this state by reason of such overloading, which
75 damage is hereby fixed as follows:
76 (a) When the excess weight is 200 pounds or less than the
77 maximum herein provided, the penalty shall be $10;
78 (b) Five cents per pound for each pound of weight in excess
79 of the maximum herein provided when the excess weight exceeds
80 200 pounds. However, whenever the gross weight of the vehicle or
81 combination of vehicles does not exceed the maximum allowable
82 gross weight, the maximum fine for the first 600 pounds of
83 unlawful axle weight shall be $10;
84 (c) For a vehicle equipped with fully functional idle
85 reduction technology, any penalty shall be calculated by
86 reducing the actual gross vehicle weight or the internal bridge
87 weight by the certified weight of the idle-reduction technology
88 or by 400 pounds, whichever is less. The vehicle operator must
89 present written certification of the weight of the idle
90 reduction technology and must demonstrate or certify that the
91 idle-reduction technology is fully functional at all times. This
92 calculation is not allowed for vehicles described in s.
93 316.535(6);
94 (d)(c) An apportioned motor vehicle, as defined in s.
95 320.01, operating on the highways of this state without being
96 properly licensed and registered shall be subject to the
97 penalties as herein provided; and
98 (e)(d) Vehicles operating on the highways of this state
99 from nonmember International Registration Plan jurisdictions
100 which are not in compliance with the provisions of s. 316.605
101 shall be subject to the penalties as herein provided.
102 Section 5. Section 336.445, Florida Statutes, is created to
103 read:
104 336.445 Public-private partnerships with counties.
105 (1) Notwithstanding any other provision of law or
106 ordinance, a county may enter into agreements with private
107 entities, or a consortia thereof, for the building, operation,
108 ownership, or financing of toll facilities as part of the county
109 road system under the following circumstances:
110 (a) The county has publically declared at a properly
111 noticed commission meeting the need for a toll facility and a
112 desire to contract with a private entity for the building,
113 operation, ownership, or financing of a toll facility; and
114 (b) The county establishes after a public hearing that the
115 proposal includes unique benefits and that adoption of the
116 project is not contrary to the interest of the public.
117 (2) Before awarding the project to a private entity, the
118 county must determine that the proposed project:
119 (a) Is not contrary to the public’s interest;
120 (b) Would not require state funds to be used;
121 (c) Would have adequate safeguards in place to ensure that
122 no additional costs or service disruptions would be realized by
123 the travelling public in the event of default or cancellation of
124 the agreement by the county; and
125 (d) Would have adequate safeguards in place to ensure that
126 the county or the private entity has the opportunity to add
127 capacity to the proposed project and other transportation
128 facilities serving similar origins and destinations.
129 (3) Any agreement between a county and a private entity, or
130 consortia thereof, must address the following:
131 (a) Regulations governing the future increase of toll or
132 fare revenues; and
133 (b) That the private entity shall provide an investment
134 grade traffic and revenue study prepared by an internationally
135 recognized traffic and revenue expert that is accepted by the
136 national bond rating agencies. The private entity shall also
137 provide a finance plan than identifies the project cost,
138 revenues by source, financing, major assumptions, internal rate
139 of return on private investment, whether any government funds
140 are assumed to deliver a cost-feasible project, and a total cash
141 flow analysis beginning with the implementation of the project
142 and extending for the term of the agreement.
143 Section 6. Subsection (2) of section 337.0261, Florida
144 Statutes, is amended to read:
145 337.0261 Construction aggregate materials.
146 (2) LEGISLATIVE INTENT.The Legislature finds that there is
147 a strategic and critical need for an available supply of
148 construction aggregate materials within the state and that a
149 disruption of the supply would cause a significant detriment to
150 the state’s construction industry, transportation system, and
151 overall health, safety, and welfare. In addition, the
152 Legislature recognizes that construction aggregate materials
153 mining is an industry of critical importance to the state and
154 that the mining of construction aggregate materials is in the
155 public interest.
156 Section 7. Section 705.18, Florida Statutes, is amended to
157 read:
158 705.18 Disposal of personal property lost or abandoned on
159 university or community college campuses or certain public-use
160 airports; disposition of proceeds from sale thereof.—
161 (1) Whenever any lost or abandoned personal property shall
162 be found on a campus of an institution in the State University
163 System or a campus of a state-supported community college, or on
164 premises owned or controlled by the operator of a public-use
165 airport having regularly scheduled international passenger
166 service, the president of the institution or the president’s
167 designee or the director of the airport or the director’s
168 designee shall take charge thereof and make a record of the date
169 such property was found. If, within 30 days after such property
170 is found, or a longer period of time as may be deemed
171 appropriate by the president or the director under the
172 circumstances, the property it is not claimed by the owner, the
173 president or director shall order it sold at public outcry after
174 giving notice of the time and place of sale in a publication of
175 general circulation on the campus of such institution or within
176 the county where the airport is located and written notice to
177 the owner if known. The rightful owner of such property may
178 reclaim the same at any time prior to sale.
179 (2) All moneys realized from such institution’s sale shall
180 be placed in an appropriate fund and used solely for student
181 scholarship and loan purposes. All moneys realized from such
182 sale by an airport, less its costs of storage, transportation,
183 and publication of notice, shall, unless another use is required
184 by federal law, be deposited into the state school fund.
185 Section 8. Section 705.182, Florida Statutes, is created to
186 read:
187 705.182 Disposal of personal property found on the premises
188 of public-use airports.—
189 (1) Whenever any personal property, other than aircraft or
190 motor vehicles, shall be found on premises owned or controlled
191 by the operator of a public-use airport, the director of the
192 airport or the director’s designee shall take charge thereof and
193 make a record of the date such property was found.
194 (2) If, within 30 calendar days after such property is
195 found, or for such longer period of time as may be deemed
196 appropriate by the director or the director’s designee under the
197 circumstances, the property is not claimed by the owner, the
198 director or the director’s designee may:
199 (a) Retain any or all of the property for the airport’s own
200 use or for use by the state or unit of local government owning
201 or operating the airport;
202 (b) Trade such property to another unit of local government
203 or state agency;
204 (c) Donate the property to a charitable organization;
205 (d) Sell the property; or
206 (e) Dispose of the property through an appropriate refuse
207 removal company or a company that provides salvage services for
208 the type of personal property found or located on the airport.
209
210 The airport shall be required to notify the owner, if
211 known, of property found on the airport and that the airport
212 intends to dispose of the property in any of the manners
213 permitted herein.
214 (3) If the airport elects to sell the property under
215 subsection (2)(d), the property must be sold at a public auction
216 either on the internet or at a specified physical location,
217 after giving notice of the time and place of sale, at least 10
218 calendar days prior to the date of sale, in a publication of
219 general circulation within the county where the airport is
220 located and after written notice, via certified mail, return
221 receipt requested, is provided to the owner, if known. Any such
222 notice shall be sufficient if the notice refers to the airport’s
223 intention to sell all then-accumulated found property, and it
224 shall not be required that the notice identify each item to be
225 sold. The rightful owner of such property may reclaim the same
226 at any time prior to sale by presenting to the airport director
227 or the director’s designee acceptable evidence of ownership. All
228 proceeds from the sale of the property shall be retained by the
229 airport for use by the airport in any lawfully authorized
230 manner.
231 (4) Nothing herein shall preclude the airport from allowing
232 a domestic or international air carrier or other tenant on
233 premises owned or controlled by the operator of a public-use
234 airport from establishing its own lost and found procedures for
235 personal property and from disposing of such personal property.
236 (5) A purchaser or recipient in good faith of personal
237 property sold or obtained under this section takes the property
238 free of the rights of persons then holding any legal or
239 equitable interest thereto, whether recorded or not.
240 Section 9. Section 705.183, Florida Statutes, is created to
241 read:
242 705.183 Disposal of derelict or abandoned aircraft on the
243 premises of public-use airports.—
244 (1) Whenever any derelict or abandoned aircraft shall be
245 found or located on premises owned or controlled by the operator
246 of a public-use airport, whether such premises are under a lease
247 or license to third parties, the director of the airport or the
248 director’s designee shall make a record of the date such
249 aircraft was found or determined to be present on the airport. A
250 derelict aircraft means any aircraft that is not in a flyable
251 condition, does not have a current certificate of air worthiness
252 issued by the Federal Aviation Administration, and/or is not in
253 the process of actively being repaired. An abandoned aircraft
254 means an aircraft that has been disposed of on a public-use
255 airport in a wrecked, inoperative, or partially dismantled
256 condition, or an aircraft that has remained in an idle state on
257 premises owned or controlled by the operator of a public-use
258 airport for 45 consecutive calendar days.
259 (2) The director or the director’s designee shall contact
260 the Federal Aviation Administration, Aircraft Registration
261 Branch (“FAA”) in order to determine the name and address of the
262 last registered aircraft owner and shall make a diligent
263 personal search of the appropriate records, or contact an
264 aircraft title search company, in order to determine the name
265 and address of any person having an equitable or legal interest
266 in the aircraft. Within 10 business days of receipt of this
267 information, the director or the director’s designee shall
268 notify the owner and all persons having an equitable or legal
269 interest in the aircraft by certified mail, return receipt
270 requested, advising them of the location of the derelict or
271 abandoned aircraft on the airport, that fees and charges for the
272 use of the airport by the aircraft have accrued and the amount
273 thereof, that the aircraft is subject to a lien as provided in
274 subsection (5) for the accrued fees and charges for the use of
275 the airport and for the transportation, storage and removal of
276 the aircraft, that the lien is subject to enforcement pursuant
277 to law, and that the airport may cause the use, trade, sale or
278 removal of the aircraft as described in s. 705.182(2)(a),(b),(d)
279 and (e) if, within 30 calendar days from the date of receipt of
280 such notice, the aircraft has not been removed from the airport
281 upon payment in full of all accrued fees and charges for the use
282 of the airport and for the transportation, storage and removal
283 of the aircraft. Such notice may require removal of the aircraft
284 in less than 30 calendar days if the aircraft poses a danger to
285 the health or safety of users of the airport, as determined by
286 the director or the director’s designee.
287 (3) If the owner of the aircraft is unknown or cannot be
288 found, the director or the director’s designee shall cause a
289 laminated notice to be placed upon such aircraft in
290 substantially the following form:
291
292 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
293 ATTACHED PROPERTY. This property, to wit: (setting forth brief
294 description) is unlawfully upon public property known as
295 (setting forth brief description of location) and has accrued
296 fees and charges for the use of the (same description of
297 location as above) and for the transportation, storage and
298 removal of the property. These accrued fees and charges must be
299 paid in full and the property must be removed within 30 calendar
300 days from the date of this notice; otherwise, the property will
301 be removed and disposed of pursuant to chapter 705, Florida
302 Statutes. The property is subject to a lien for all accrued fees
303 and charges for the use of the public property known as (same
304 description of location as above) by such property and for all
305 fees and charges incurred by the public property known as (same
306 description of location as above) for the transportation,
307 storage, and removal of the property. This lien is subject to
308 enforcement pursuant to law. The owner will be liable for these
309 fees and charges, as well as the cost for publication of this
310 notice. Dated this: (setting forth the date of posting of
311 notice), signed: (setting forth name, title, address, and
312 telephone number of law enforcement officer).
313
314 Such notice shall be not less than 8 inches by 10 inches
315 and shall be sufficiently weatherproof to withstand normal
316 exposure to the elements. If, at the end of 30 calendar days
317 after posting the notice, the owner or any person interested in
318 the derelict or abandoned aircraft described has not removed the
319 aircraft from the airport upon payment in full of all accrued
320 fees and charges for the use of the airport and for the
321 transportation, storage and removal of the aircraft, or shown
322 reasonable cause for failure to do so, the director or the
323 director’s designee may cause the use, trade, sale or removal of
324 the aircraft as described in s. 705.182(2)(a),(b),(d) and (e).
325 (4) Such aircraft shall be removed within the time period
326 specified in the notice provided under subsections (2) or (3).
327 If at the end of such period of time the owner or any person
328 interested in the derelict or abandoned aircraft described has
329 not removed the aircraft from the airport upon payment in full
330 of all accrued fees and charges for the use of the airport and
331 for the transportation, storage and removal of the aircraft, or
332 shown reasonable cause for the failure to do so, the director or
333 the director’s designee may cause the use, trade, sale or
334 removal of the aircraft as described in s. 705.182(2)(a),(b),(d)
335 and (e).
336 (a) If the airport elects to sell the aircraft in
337 accordance with s. 705.182(2)(d), the aircraft must be sold at
338 public auction after giving notice of the time and place of sale
339 at least 10 calendar days prior to the date of sale in a
340 publication of general circulation within the county where the
341 airport is located and after providing written notice of the
342 intended sale to all parties known to have an interest in the
343 aircraft.
344 (b) If the airport elects to dispose of the aircraft in
345 accordance with s.705.182(2)(e), the airport shall be entitled
346 to negotiate with the company for a price to be received from
347 such company in payment for the aircraft, or, if circumstances
348 so warrant, a price to be paid to such company by the airport
349 for the costs of disposing of the aircraft. All information
350 pertaining to the establishment of such price and the
351 justification for the amount of such price shall be prepared and
352 maintained by the airport, and such negotiated price shall be
353 deemed to be a commercially reasonable price.
354 (c) If the sale price or the negotiated price is less than
355 the airport’s then current charges and costs against the
356 aircraft, or if the airport is required to pay the salvage
357 company for its services, the owner of the aircraft shall remain
358 liable to the airport for the airport’s costs that are not
359 offset by the sale price or negotiated price, in addition to the
360 owner’s liability for payment to the airport of the price the
361 airport was required to pay any salvage company. All costs
362 incurred by the airport in the removal, storage and sale of any
363 aircraft shall be recoverable against the owner thereof.
364 (5) The airport will have a lien on derelict or abandoned
365 aircraft for all fees and charges for the use of the airport by
366 such aircraft and for all fees and charges incurred by the
367 airport for the transportation, storage and removal of the
368 aircraft. As a prerequisite to perfecting a lien under this
369 section, the airport director or the director’s designee must
370 serve a notice in accordance with subsection (2) above on the
371 last registered owner and all persons having an equitable or
372 legal interest in the aircraft. The serving of the notice does
373 not dispense with recording the claim of lien.
374 (6)(a) For the purpose of perfecting its lien under this
375 section, the airport shall record a claim of lien which shall
376 state:
377 1. The name and address of the airport.
378 2. The name of the last registered aircraft owner and all
379 persons having a legal or equitable interest in the aircraft.
380 3. The fees and charges incurred by the aircraft for the
381 use of the airport, and the fees and charges for the
382 transportation, storage and removal of the aircraft.
383 4. A description of the aircraft sufficient for
384 identification.
385 (b) The claim of lien shall be signed and sworn to or
386 affirmed by the airport director or the director’s designee.
387 (c) The claim of lien shall be sufficient if it is in
388 substantially the following form:
389
390 CLAIM OF LIEN
391 State of ______
392 County of ______
393 Before me, the undersigned notary public, personally
394 appeared ______, who was duly sworn and says that he/she is the
395 ________of ________, whose address is________; and that the
396 following described aircraft:
397 (Description of aircraft)
398 owned by __________, whose address is ____________, has
399 accrued $___________in fees and charges for the use by the
400 aircraft of ______________ and for the transportation, storage
401 and removal of the aircraft from _______________; that the
402 lienor served its notice to the last registered owner and all
403 persons having a legal or equitable interest in the aircraft on
404 ____, (year), by________.
405 (Signature)
406 Sworn to (or affirmed) and subscribed before me this
407 _____day of___, (year), by (name of person making statement).
408 (Signature of Notary Public)(Print, Type or Stamp
409 Commissioned name of Notary Public)
410 Personally Known___OR Produced_____as identification.
411
412 However, the negligent inclusion or omission of any
413 information in this claim of lien which does not prejudice the
414 last registered owner does not constitute a default that
415 operates to defeat an otherwise valid lien.
416 (d) The claim of lien shall be served on the last
417 registered aircraft owner and all persons having an equitable or
418 legal interest in the aircraft. The claim of lien shall be so
419 served before recordation.
420 (e) The claim of lien shall be recorded in the clerk’s
421 office. The recording of the claim of lien shall be constructive
422 notice to all persons of the contents and effect of such claim.
423 The lien shall attach at the time of recordation and shall take
424 priority as of that time.
425 (7) A purchaser or recipient in good faith of an aircraft
426 sold or obtained under this section takes the property free of
427 the rights of persons then holding any legal or equitable
428 interest thereto, whether recorded or not. Said purchaser or
429 recipient is required to notify the appropriate Federal Aviation
430 Administration office of such change in the registered owner of
431 the aircraft.
432 (8) If the aircraft is sold at public sale, the airport
433 shall deduct from the proceeds of sale the costs of
434 transportation, storage, publication of notice, and all other
435 costs reasonably incurred by the airport, and any balance of the
436 proceeds shall be deposited into an interest-bearing account not
437 later than 30 calendar days after the airport’s receipt of the
438 proceeds and held there for 1 year. The rightful owner of the
439 aircraft may claim the balance of the proceeds within 1 year
440 from the date of the above stated deposit by making application
441 to the airport and presentation to the airport’s director or the
442 director’s designee of acceptable written evidence of ownership.
443 If no rightful owner comes forward with a claim to the proceeds
444 within the 1 year time period, the balance of the proceeds shall
445 be retained by the airport to be used in any legally authorized
446 manner.
447 (9) Any person acquiring a legal interest in an aircraft
448 that is caused to be sold by an airport under the provisions of
449 s. 705.182 or s. 705.183 shall be the lawful owner of such
450 aircraft and all other legal or equitable interests in such
451 aircraft shall be divested and of no further force and effect,
452 provided that the holder of any such legal or equitable
453 interests was notified of the intended disposal of the aircraft
454 to the extent required herein. The airport shall have the
455 authority to issue documents of disposition to the purchaser or
456 recipient of an aircraft disposed of under this section.
457 Section 10. Section 705.184, Florida Statutes, is created
458 to read:
459 705.184 Derelict or abandoned motor vehicles on the
460 premises of public-use airports.—
461 (1) Whenever any derelict or abandoned motor vehicle shall
462 be found on premises owned or controlled by the operator of a
463 public-use airport, including airport premises leased to third
464 parties, the director of the airport or the director’s designee
465 may take charge thereof and make a record of the date such motor
466 vehicle was found. A derelict motor vehicle means any motor
467 vehicle that is not in a drivable condition. An abandoned motor
468 vehicle means a motor vehicle that has been disposed of on a
469 public-use airport in a wrecked, inoperative, or partially
470 dismantled condition, or a motor vehicle that has remained in an
471 idle state on a public-use airport for 45 consecutive calendar
472 days. After the information relating to the derelict or
473 abandoned motor vehicle is recorded in the airport’s records,
474 the director or the director’s designee may cause the motor
475 vehicle to be removed from airport premises by the airport’s own
476 wrecker or by a licensed independent wrecking company to be
477 stored at a suitable location on or off the airport. If the
478 director or the director’s designee causes the motor vehicle to
479 be removed from airport premises by the airport’s own wrecker,
480 the airport is subject to the procedures set forth in
481 subsections (2) – (8) below. If the director or the director’s
482 designee causes the motor vehicle to be removed from the airport
483 premises by a licensed independent wrecking company, the airport
484 is not subject to the procedures set forth in subsections (2) –
485 (8) below.
486 (2) The airport director or the director’s designee shall
487 contact the Department of Highway Safety and Motor Vehicles in
488 order to notify the Department of Highway Safety and Motor
489 Vehicles that the airport has possession of the subject motor
490 vehicle and in order to determine the name and address of the
491 owner of the motor vehicle, the insurance company insuring the
492 motor vehicle notwithstanding the provisions of s. 627.736, and
493 any person who has filed a lien on the motor vehicle. Within 7
494 business days of receipt of this information, the director or
495 the director’s designee shall send notice by certified mail,
496 return receipt requested to the owner of the motor vehicle, the
497 insurance company insuring the motor vehicle notwithstanding the
498 provisions of s. 627.736, and all persons of record claiming a
499 lien against the motor vehicle. The notice shall state the fact
500 of possession of the motor vehicle, that charges for a
501 reasonable tow fee, a reasonable storage fee and/or accrued
502 parking fees, if any, have accrued and the amount thereof, that
503 a lien as provided in subsection (6) will be claimed, that said
504 lien is subject to enforcement pursuant to law, that the owner
505 or lienholder, if any, has the right to a hearing as set forth
506 in subsection (4), and that any motor vehicle which, at the end
507 of 30 calendar days after receipt of the notice, has not been
508 removed from the airport upon payment in full of all accrued
509 charges for a reasonable tow fee, a reasonable storage fee and
510 parking fees, if any, may be disposed of in any of the manners
511 set forth in s. 705.182(2)(a),(b),(d) and (e), including, but
512 not limited to, the motor vehicle being sold free of all prior
513 liens after 35 calendar days from the time the motor vehicle is
514 stored if any prior liens on the motor vehicle are more than 5
515 years of age, or after 50 calendar days from the time the motor
516 vehicle is stored if any prior liens on the motor vehicle are 5
517 years of age or less.
518 (3) If attempts to notify the owner and/or lienholder
519 pursuant to subsection (2) prove unsuccessful, the requirement
520 of notice by mail will be considered met and the director or the
521 director’s designee, in accordance with the requirements of
522 subsection (5) below, may cause the motor vehicle to be disposed
523 of in any of the manners set forth in s. 705.182(2)(a),(b),(d)
524 and (e), including, but not limited to, the motor vehicle being
525 sold free of all prior liens after 35 calendar days from the
526 time the motor vehicle is stored if any prior liens on the motor
527 vehicle are more than 5 years of age, or after 50 calendar days
528 from the time the motor vehicle is stored if any prior liens on
529 the motor vehicle are 5 years of age or less.
530 (4)(a) The owner of, or any person with a lien on, a motor
531 vehicle removed pursuant to the provisions of subsection (1),
532 within 10 calendar days after the time he or she has knowledge
533 of the location of the motor vehicle, may file a complaint in
534 the county court of the county in which the motor vehicle is
535 stored to determine if his or her property was wrongfully taken
536 or withheld.
537 (b) Upon filing a complaint, an owner or lienholder may
538 have his or her motor vehicle released upon posting with the
539 court a cash or surety bond or other adequate security equal to
540 the amount of the fees for towing, storage and accrued parking,
541 if any, to ensure the payment of such fees in the event he or
542 she does not prevail. Upon the posting of the bond or other
543 adequate security and the payment of any applicable fee, the
544 clerk of the court shall issue a certificate notifying the
545 airport of the posting of the bond or other adequate security
546 and directing the airport to release the motor vehicle. At the
547 time of such release, after reasonable inspection, the owner or
548 lienholder shall give a receipt to the airport reciting any
549 claims he or she has for loss or damage to the motor vehicle or
550 the contents thereof.
551 (5) If, after 30 calendar days of receipt of the notice,
552 the owner or any person claiming a lien has not removed the
553 motor vehicle from its storage location upon payment in full of
554 all accrued charges for a reasonable tow fee, a reasonable
555 storage fee and parking fees, if any, or shown reasonable cause
556 for the failure to do so, the airport director or the director’s
557 designee may dispose of the motor vehicle by any of the manners
558 set forth in s. 705.182(2)(a),(b),(d) and (e). If the airport
559 elects to sell the motor vehicle pursuant to s. 705.182(2)(d),
560 the motor vehicle may be sold free of all prior liens after 35
561 calendar days from the time the motor vehicle is stored if any
562 prior liens on the motor vehicle are more than 5 years of age,
563 or after 50 calendar days from the time the motor vehicle is
564 stored if any prior liens on the motor vehicle are 5 years of
565 age or less. The sale shall be a public auction either on the
566 internet or at a specified physical location. If the date of the
567 sale was not included in the notice required in subsection (2),
568 notice of the sale, sent by certified mail, return receipt
569 requested, shall be given to the owner of the motor vehicle and
570 to all persons claiming a lien on the motor vehicle. Such notice
571 shall be mailed not less than 10 calendar days before the date
572 of the sale. In addition to the notice by mail, public notice of
573 the time and place of the sale at auction shall be made by
574 publishing a notice thereof one time, at least 10 calendar days
575 prior to the date of sale, in a newspaper of general circulation
576 in the county in which the sale is to be held. All costs
577 incurred by the airport for the towing, storage and sale of the
578 motor vehicle, as well as all accrued parking fees, if any,
579 shall be recovered by the airport from the proceeds of the sale,
580 and any proceeds of the sale in excess of these costs shall be
581 retained by the airport for use by the airport in any lawfully
582 authorized manner.
583 (6) Pursuant to this section, the airport or, if used, a
584 licensed independent wrecking company pursuant to s. 713.78,
585 shall have a lien on a derelict or abandoned motor vehicle for a
586 reasonable tow fee, a reasonable storage fee and/or all accrued
587 parking fees, if any; except that no storage fee shall be
588 charged if the vehicle is stored less than 6 hours. As a
589 prerequisite to perfecting a lien under this section, the
590 airport director or the director’s designee must serve a notice
591 in accordance with subsection (2) on the owner of the motor
592 vehicle, the insurance company insuring the motor vehicle
593 notwithstanding the provisions of s. 627.736, and all persons of
594 record claiming a lien against the motor vehicle. If attempts to
595 notify the owner, the insurance company insuring the motor
596 vehicle notwithstanding the provisions of s. 627.736, and/or
597 lienholders prove unsuccessful, the requirement of notice by
598 mail will be considered met. The serving of the notice does not
599 dispense with recording the claim of lien.
600 (7)(a) For the purpose of perfecting its lien under this
601 section, the airport shall record a claim of lien which shall
602 state:
603 1. The name and address of the airport.
604 2. The name of the owner of the motor vehicle, the
605 insurance company insuring the motor vehicle notwithstanding the
606 provisions of s. 627.736, and all persons of record claiming a
607 lien against the motor vehicle.
608 3. The fees incurred for a reasonable tow, reasonable
609 storage, and parking, if any.
610 4. A description of the motor vehicle sufficient for
611 identification.
612 (b) The claim of lien shall be signed and sworn to or
613 affirmed by the airport director or the director’s designee.
614 (c) The claim of lien shall be sufficient if it is in
615 substantially the following form:
616
617 CLAIM OF LIEN
618 State of ______
619 County of ______
620 Before me, the undersigned notary public, personally
621 appeared ______, who was duly sworn and says that he/she is the
622 ________of _____________, whose address is________; and that the
623 following described motor vehicle:
624 (Description of motor vehicle)
625 owned by __________, whose address is ____________, has
626 accrued $___________in fees for a reasonable tow, for storage,
627 and for parking, if applicable; that the lienor served its
628 notice to the owner, the insurance company insuring the motor
629 vehicle notwithstanding the provisions of s. 627.736, and all
630 persons of record claiming a lien against the motor vehicle on
631 ____, (year), by________.
632 (Signature)
633 Sworn to (or affirmed) and subscribed before me this
634 _____day of___, (year), by (name of person making statement).
635 (Signature of Notary Public)(Print, Type or Stamp
636 Commissioned name of Notary Public)
637 Personally Known___OR Produced_____as identification.
638
639 However, the negligent inclusion or omission of any
640 information in this claim of lien which does not prejudice the
641 owner does not constitute a default that operates to defeat an
642 otherwise valid lien.
643 (d) The claim of lien shall be served on the owner of the
644 motor vehicle, the insurance company insuring the motor vehicle
645 notwithstanding the provisions of s. 627.736, and all persons of
646 record claiming a lien against the motor vehicle. If attempts to
647 notify the owner, the insurance company insuring the motor
648 vehicle notwithstanding the provisions of s. 627.736, and/or
649 lienholders prove unsuccessful, the requirement of notice by
650 mail will be considered met. The claim of lien shall be so
651 served before recordation.
652 (e) The claim of lien shall be recorded in the clerk’s
653 office. The recording of the claim of lien shall be constructive
654 notice to all persons of the contents and effect of such claim.
655 The lien shall attach at the time of recordation and shall take
656 priority as of that time.
657 (8) A purchaser or recipient in good faith of a motor
658 vehicle sold or obtained under this section takes the property
659 free of the rights of persons then holding any legal or
660 equitable interest thereto, whether recorded or not.
661
662 ================= T I T L E A M E N D M E N T ================
663 And the title is amended as follows:
664 Delete lines 2 - 4
665 and insert:
666 An act relating to transportation; amending s. 163.3180,
667 F.S., relating to transportation concurrency; creating s.
668 336.445, F.S.; authorizing counties to enter into agreements
669 with private entities for the building, operation, ownership, or
670 financing of toll facilities; requiring public declaration;
671 requiring a public hearing; requiring county to make certain
672 determinations prior to awarding a project; providing
673 requirements for an agreement; amending s. 316.29545, F.S.;
674 excluding vehicles owned or leased by private investigative
675 services from certain restrictions when used in specified
676 activities; amending s. 316.515, F.S.; clarifying that
677 manufactured buildings are not divisible loads for the purposes
678 of issuing special permits for overlength trailers; revising the
679 maximum length of such overlength trailers; amending s. 316.545,
680 F.S.; increasing the maximum weight limits on certain vehicles
681 to compensate for weight increases that result from the
682 installation of idle-reduction technologies; amending s.
683 337.0261, F.S.; recognizing that construction aggregate
684 materials mining is an industry of critical importance and that
685 the mining of construction aggregate materials is in the public
686 interest; amending s. 705.18, F.S.; removing references to
687 public-use airports or its directors; removing required
688 disposition of monies from sale of property abandoned at a
689 public-use airport; creating s. 705.182, F.S; relating to the
690 disposal of personal property found on public-use airports;
691 providing time frame for property to be claimed; providing
692 options for disposing of personal property; providing procedures
693 for selling abandoned personal property; providing for notice of
694 sale; permitting airport tenants to establishing own lost and
695 found procedures; providing purchaser holds title to property;
696 creating s. 705.183, F.S., relating to derelict or abandoned
697 aircraft on the premises of public-use airports; creating
698 procedures for the disposal of derelict or abandoned aircraft on
699 the premises of public-use airports; requiring record of when
700 aircraft is found; defining “derelict aircraft” and “abandoned
701 aircraft”; requiring determination of aircraft owner and persons
702 having legal interest in aircraft; requiring notification of
703 aircraft owner and all persons having an equitable or legal
704 interest in aircraft; providing items to be included in notice;
705 providing exception; providing for notice of owner of aircraft
706 is unknown or cannot be found; providing form of notice;
707 providing for placement of notice; providing procedures for
708 failure to remove aircraft and pay fees; requiring any sale of
709 aircraft to be at a public auction; providing notice requirement
710 for public auction; providing procedures for disposal of
711 aircraft; providing for liability of charges and costs related
712 to aircraft are less than what obtained from sale; providing for
713 lien by airport on all for all fees and charges related to
714 aircraft; providing for notice of lien; requiring the filing of
715 a claim of lien, providing for form of claim of lien; providing
716 for service of claim of lien; providing purchaser of aircraft
717 takes property free of rights of persons holding legal or
718 equitable interest in aircraft; requiring purchaser or recipient
719 to notify the Federal Aviation Administration of change in
720 ownership; providing for deduction of cost if aircraft sold at
721 public sale; requiring balance to be deposited in interest
722 bearing account; providing owner with timeframe to claim funds;
723 providing balance may be retained by the airport; authorizing
724 airport to issue documents relating to aircraft disposal;
725 creating s. 705.184, F.S., relating to derelict or abandoned
726 motor vehicles on the premises of public-use airports; creating
727 procedures for the disposal of derelict or abandoned motor
728 vehicles on public-use airports; requiring recording of
729 abandoned motor vehicle; defining “derelict motor vehicle” and
730 “abandoned motor vehicle”; permitting vehicle to be removed from
731 airports premises; requiring determination of owner of the motor
732 vehicle and the insurance company insuring the motor vehicle;
733 requiring notification of owner, insurer, and lienholder;
734 providing items to be included in notice; providing exception;
735 providing for notice if owner/leinholder notification is
736 unsuccessful; providing notice form; providing for placing of
737 notice; providing minimum time for notice; providing procedures
738 for failure to remove motor vehicle and pay fees; requiring any
739 sale of motor vehicle to be at a public auction; providing
740 notice requirement for public auction; providing procedures for
741 disposal of motor vehicle; providing for liability of charges
742 and costs related to motor vehicle are less than what obtained
743 from sale; providing for lien by airport on all for all fees and
744 charges related to motor vehicle; providing for notice of lien;
745 requiring the filing of a claim of lien, providing for form of
746 claim of lien; providing for service of claim of lien; providing
747 purchaser of motor vehicle takes property free of rights of
748 persons holding legal or equitable interest in aircraft;