Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1008
       
       
       
       
       
       
                                Barcode 780432                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: PEND           .                                
                  03/23/2011           .                                
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       The Committee on Transportation (Storms) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (4) and paragraph
    6  (c) of subsection (12) of section 713.78, Florida Statutes, are
    7  amended to read:
    8         713.78 Liens for recovering, towing, or storing vehicles
    9  and vessels.—
   10         (4)
   11         (c) Notice by certified mail shall be sent within 7
   12  business days after the date of storage of the vehicle or vessel
   13  to the registered owner, the insurance company insuring the
   14  vehicle notwithstanding the provisions of s. 627.736, and all
   15  persons of record claiming a lien against the vehicle or vessel.
   16  It shall state the fact of possession of the vehicle or vessel,
   17  that a lien as provided in subsection (2) is claimed, that
   18  charges have accrued and the amount thereof, that the lien is
   19  subject to enforcement pursuant to law, and that the owner or
   20  lienholder, if any, has the right to a hearing as set forth in
   21  subsection (5), and that any vehicle or vessel which remains
   22  unclaimed, or for which the charges for recovery, towing, or
   23  storage services remain unpaid, may be sold free of all prior
   24  liens after 35 days if the vehicle or vessel is more than 3
   25  years of age or after 50 days if the vehicle or vessel is 3
   26  years of age or less. The envelope containing the notice must
   27  prominently state the name, address, and telephone number of the
   28  person claiming a lien and state “NOTICE OF TOWING LIEN” and, if
   29  a vehicle, the vehicle identification number.
   30         (12)
   31         (c) Any person who uses a false or fictitious name, gives a
   32  false or fictitious address, or makes any false statement, or
   33  knowingly makes a material omission in any document application
   34  or affidavit required by under the provisions of this section
   35  commits is guilty of a felony of the third degree, punishable as
   36  provided in s. 775.082, s. 775.083, or s. 775.084.
   37         Section 2. This act shall take effect July 1, 2011.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40         And the title is amended as follows:
   41         Delete everything before the enacting clause
   42  and insert:
   43                        A bill to be entitled                      
   44         An act relating to liens for recovering, towing, or
   45         storing vehicles or vessels; amending s. 713.78, F.S.;
   46         requiring certain lien notices to contain specific
   47         information on the envelope; providing penalties for a
   48         material omission of required information on a
   49         document; providing an effective date.