Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for CS for SB 772
Ì906956QÎ906956
LEGISLATIVE ACTION
Senate . House
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Floor: 3/AD/2R .
03/02/2016 11:48 AM .
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Senator Richter moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1939 - 2088
4 and insert:
5 him. A lienholder has standing to allege any violation of part
6 IX of chapter 559 in a proceeding instituted pursuant to this
7 subsection. Any person who files a demand for hearing shall mail
8 copies of the demand to all other owners and lienors as
9 reflected on the notice required in subsection (1).
10 (a) Upon the filing of a demand for hearing, a hearing
11 shall be held before prior to the proposed or scheduled date of
12 sale of the vehicle.
13 (b) Upon the posting of the bond and payment of the
14 applicable fee set forth in s. 28.24, the clerk of the court
15 shall issue a certificate notifying the lienor of the posting of
16 the bond and directing the lienor to release the vehicle to the
17 lienholder or the owner, based upon whomever posted the bond.
18 (c) If a lienholder obtains the vehicle and the owner of
19 the vehicle is not in default under the installment sales
20 contract or title loan at the time the lienholder has possession
21 of the vehicle, the lienholder must return the vehicle to the
22 owner within 5 days after the owner repays the lienholder for
23 the amount of the bond, or makes arrangements to repay the
24 lienholder for the bond under terms agreeable to the lienholder.
25 A lienholder may retain possession of the vehicle if the owner
26 is in default until such time as the default is cured and the
27 amount of the bond is repaid by the owner, or an arrangement
28 agreeable to the lienholder is made with the owner.
29 (7) At a the hearing on a complaint relating to the
30 requirements of this section on the complaint, the court shall
31 forthwith issue an its order determining:
32 (a) Whether the vehicle is subject to a valid lien by the
33 lienor and the amount thereof;
34 (b) The priority of the lien of the lienor as against any
35 existing security interest in the vehicle;
36 (c) The distribution of any proceeds of the sale by the
37 clerk of the circuit court;
38 (d) The awarding of damages, if any;
39 (e)(d) The award of reasonable attorney attorney’s fees and
40 costs, at the court’s discretion, to the prevailing party; and
41 (f)(e) The reasonableness of storage charges.
42
43 A final order, by the court, must also provide for immediate
44 payment of any proceeds or awards, and the immediate release of
45 the bond to the posting party, if applicable.
46 (13) A failure to make good faith efforts as defined in
47 subsection (2) precludes the imposition of any storage charges
48 against the vehicle. If a lienor fails to provide notice to any
49 person claiming a lien on a vehicle under subsection (1) within
50 7 15 business days after the assessment of storage charges has
51 begun, then the lienor is precluded from charging for more than
52 7 15 days of storage, but failure to provide timely notice does
53 not affect charges made for repairs, adjustments, or
54 modifications to the vehicle or the priority of liens on the
55 vehicle.
56 Section 40. Subsections (2), (4), (5), and (10) of section
57 790.06, Florida Statutes, are amended, and paragraph (f) is
58 added to subsection (6) of that section, to read:
59 790.06 License to carry concealed weapon or firearm.—
60 (2) The Department of Agriculture and Consumer Services
61 shall issue a license if the applicant:
62 (a) Is a resident of the United States and a citizen of the
63 United States or a permanent resident alien of the United
64 States, as determined by the United States Bureau of Citizenship
65 and Immigration Services, or is a consular security official of
66 a foreign government that maintains diplomatic relations and
67 treaties of commerce, friendship, and navigation with the United
68 States and is certified as such by the foreign government and by
69 the appropriate embassy in this country;
70 (b) Is 21 years of age or older;
71 (c) Does not suffer from a physical infirmity which
72 prevents the safe handling of a weapon or firearm;
73 (d) Is not ineligible to possess a firearm pursuant to s.
74 790.23 by virtue of having been convicted of a felony;
75 (e) Has not been committed for the abuse of a controlled
76 substance or been found guilty of a crime under the provisions
77 of chapter 893 or similar laws of any other state relating to
78 controlled substances within a 3-year period immediately
79 preceding the date on which the application is submitted;
80 (f) Does not chronically and habitually use alcoholic
81 beverages or other substances to the extent that his or her
82 normal faculties are impaired. It shall be presumed that an
83 applicant chronically and habitually uses alcoholic beverages or
84 other substances to the extent that his or her normal faculties
85 are impaired if the applicant has been committed under chapter
86 397 or under the provisions of former chapter 396 or has been
87 convicted under s. 790.151 or has been deemed a habitual
88 offender under s. 856.011(3), or has had two or more convictions
89 under s. 316.193 or similar laws of any other state, within the
90 3-year period immediately preceding the date on which the
91 application is submitted;
92 (g) Desires a legal means to carry a concealed weapon or
93 firearm for lawful self-defense;
94 (h) Demonstrates competence with a firearm by any one of
95 the following:
96 1. Completion of any hunter education or hunter safety
97 course approved by the Fish and Wildlife Conservation Commission
98 or a similar agency of another state;
99 2. Completion of any National Rifle Association firearms
100 safety or training course;
101 3. Completion of any firearms safety or training course or
102 class available to the general public offered by a law
103 enforcement agency, junior college, college, or private or
104 public institution or organization or firearms training school,
105 using utilizing instructors certified by the National Rifle
106 Association, Criminal Justice Standards and Training Commission,
107 or the Department of Agriculture and Consumer Services;
108 4. Completion of any law enforcement firearms safety or
109 training course or class offered for security guards,
110 investigators, special deputies, or any division or subdivision
111 of a law enforcement agency or security enforcement;
112 5. Presents evidence of equivalent experience with a
113 firearm through participation in organized shooting competition
114 or military service;
115 6. Is licensed or has been licensed to carry a firearm in
116 this state or a county or municipality of this state, unless
117 such license has been revoked for cause; or
118 7. Completion of any firearms training or safety course or
119 class conducted by a state-certified or National Rifle
120 Association certified firearms instructor;
121
122 A photocopy of a certificate of completion of any of the courses
123 or classes; or an affidavit from the instructor, school, club,
124 organization, or group that conducted or taught such said course
125 or class attesting to the completion of the course or class by
126 the applicant; or a copy of any document that which shows
127 completion of the course or class or evidences participation in
128 firearms competition shall constitute evidence of qualification
129 under this paragraph. A; any person who conducts a course
130 pursuant to subparagraph 2., subparagraph 3., or subparagraph
131 7., or who, as an instructor, attests to the completion of such
132 courses, must maintain records certifying that he or she
133 observed the student safely handle and discharge the firearm in
134 his or her physical presence and that the discharge of the
135 firearm included live fire using a firearm and ammunition as
136 defined in s. 790.001;
137 (i) Has not been adjudicated an incapacitated person under
138 s. 744.331, or similar laws of any other state, unless 5 years
139 have elapsed since the applicant’s restoration to capacity by
140 court order;
141 (j) Has not been committed to a mental institution under
142 chapter 394, or similar laws of any other state, unless the
143 applicant produces a certificate from a licensed psychiatrist
144 that he or she has not suffered from disability for at least 5
145 years before prior to the date of submission of the application;
146 (k) Has not had adjudication of guilt withheld or
147 imposition of sentence suspended on any felony or misdemeanor
148 crime of domestic violence unless 3 years have elapsed since
149 probation or any other conditions set by the court have been
150 fulfilled, or expunction has occurred the record has been sealed
151 or expunged;
152 (l) Has not had adjudication of guilt withheld or
153 imposition of sentence suspended on any misdemeanor crime of
154 domestic violence unless 3 years have elapsed since probation or
155 any other conditions set by the court have been fulfilled, or
156 the record has been expunged;
157
158 ================= T I T L E A M E N D M E N T ================
159 And the title is amended as follows:
160 Delete line 168
161 and insert:
162 vehicle held by a lienor; specifying that lienholders
163 have standing in certain proceedings to allege
164 violations of the Florida Motor Vehicle Repair Act;
165 requiring the clerk of the