Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 772
       
       
       
       
       
       
                                Ì944116ÊÎ944116                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/10/2019           .                                
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       The Committee on Judiciary (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 559.917, Florida Statutes, is amended to
    6  read:
    7         559.917 Bond to release possessory lien claimed by motor
    8  vehicle repair shop.—
    9         (1)(a) A Any customer or a person of record claiming a lien
   10  against a motor vehicle may obtain the release of the her or his
   11  motor vehicle from any lien claimed under part II of chapter 713
   12  by a motor vehicle repair shop for repair work performed under a
   13  written repair estimate by filing with the clerk of the court in
   14  the circuit in which the disputed transaction occurred a cash or
   15  surety bond, payable to the person claiming the lien and
   16  conditioned for the payment of any judgment which may be entered
   17  on the lien. The bond shall be in the amount stated on the
   18  invoice required by s. 559.911, plus accrued storage charges, if
   19  any, less any amount paid to the motor vehicle repair shop as
   20  indicated on the invoice. The customer or person shall not be
   21  required to institute judicial proceedings in order to post the
   22  bond in the registry of the court and shall not, nor shall the
   23  customer be required to use a particular form for posting the
   24  bond, unless the clerk provides shall provide such form to the
   25  customer or person for filing. Upon the posting of such bond,
   26  the clerk of the court shall automatically issue a certificate
   27  notifying the lienor of the posting of the bond and directing
   28  the lienor to release the customer’s motor vehicle.
   29         (b) The lienor shall have 60 days to file suit to recover
   30  the bond. The prevailing party in that action may be entitled to
   31  damages plus court costs and reasonable attorney attorney’s
   32  fees. If the lienor fails to file suit within 60 days after the
   33  posting of such bond, the bond shall be discharged by the clerk.
   34         (2) The failure of a lienor to release or return to the
   35  customer or person the motor vehicle upon which any lien is
   36  claimed, upon receiving a copy of a certificate giving notice of
   37  the posting of the bond and directing release of the motor
   38  vehicle, shall subject the lienor to judicial proceedings which
   39  may be brought by the customer or person to compel compliance
   40  with the certificate. Whenever a customer or person brings an
   41  action to compel compliance with the certificate, the customer
   42  or person need only establish that:
   43         (a) Bond in the amount of the invoice, plus accrued storage
   44  charges, if any, less any amount paid to the motor vehicle
   45  repair shop as indicated on the invoice, was posted;
   46         (b) A certificate was issued pursuant to this section;
   47         (c) The motor vehicle repair shop, or any employee or agent
   48  thereof who is authorized to release the motor vehicle, received
   49  a copy of a certificate issued pursuant to this section; and
   50         (d) The motor vehicle repair shop or employee authorized to
   51  release the motor vehicle failed to release the motor vehicle.
   52  
   53  The customer or person, upon a judgment in her or his favor in
   54  an action brought under this subsection, may be entitled to
   55  damages plus court costs and reasonable attorney attorney’s fees
   56  sustained by her or him by reason of such wrongful detention or
   57  retention. Upon a judgment in favor of the motor vehicle repair
   58  shop, the shop may be entitled to reasonable attorney attorney’s
   59  fees.
   60         (3) A Any motor vehicle repair shop that which, or an any
   61  employee or agent thereof who is authorized to release the motor
   62  vehicle who, upon receiving a copy of a certificate giving
   63  notice of the posting of the bond in the required amount and
   64  directing release of the motor vehicle, fails to release or
   65  return the property to the customer or person pursuant to this
   66  section commits is guilty of a misdemeanor of the second degree,
   67  punishable as provided in s. 775.082 or s. 775.083.
   68         (4) A Any customer or person who stops payment on a credit
   69  card charge or a check drawn in favor of a motor vehicle repair
   70  shop on account of an invoice or who fails to post a cash or
   71  surety bond pursuant to this section shall be prohibited from
   72  any recourse under this section with respect to the motor
   73  vehicle repair shop.
   74         Section 2. Section 559.920, Florida Statutes, is amended to
   75  read:
   76         559.920 Unlawful acts and practices.—It shall be a
   77  violation of this act for any motor vehicle repair shop or
   78  employee thereof to do any of the following:
   79         (1) Engage or attempt to engage in repair work for
   80  compensation of any type without first being registered with or
   81  having submitted an affidavit of exemption to the department.;
   82         (2) Make or charge for repairs which have not been
   83  expressly or impliedly authorized by the customer.;
   84         (3) Misrepresent that repairs have been made to a motor
   85  vehicle.;
   86         (4) Misrepresent that certain parts and repairs are
   87  necessary to repair a vehicle.;
   88         (5) Misrepresent that the vehicle being inspected or
   89  diagnosed is in a dangerous condition or that the customer’s
   90  continued use of the vehicle may be harmful or cause great
   91  damage to the vehicle.;
   92         (6) Fraudulently alter any customer contract, estimate,
   93  invoice, or other document.;
   94         (7) Fraudulently misuse any customer’s credit card.;
   95         (8) Make or authorize in any manner or by any means
   96  whatever any written or oral statement which is untrue,
   97  deceptive or misleading, and which is known, or which by the
   98  exercise of reasonable care should be known, to be untrue,
   99  deceptive or misleading.;
  100         (9) Make false promises of a character likely to influence,
  101  persuade, or induce a customer to authorize the repair, service,
  102  or maintenance of a motor vehicle.;
  103         (10) Substitute used, rebuilt, salvaged, or straightened
  104  parts for new replacement parts without notice to the motor
  105  vehicle owner and to her or his insurer if the cost of repair is
  106  to be paid pursuant to an insurance policy and the identity of
  107  the insurer or its claims adjuster is disclosed to the motor
  108  vehicle repair shop.;
  109         (11) Cause or allow a customer to sign any work order that
  110  does not state the repairs requested by the customer or the
  111  automobile’s odometer reading at the time of repair.;
  112         (12) Fail or refuse to give to a customer a copy of any
  113  document requiring the customer’s signature upon completion or
  114  cancellation of the repair work.;
  115         (13) Willfully depart from or disregard accepted practices
  116  and professional standards.;
  117         (14) Have repair work subcontracted without the knowledge
  118  or consent of the customer unless the motor vehicle repair shop
  119  or employee thereof demonstrates that the customer could not
  120  reasonably have been notified.;
  121         (15) Conduct the business of motor vehicle repair in a
  122  location other than that stated on the registration
  123  certificate.;
  124         (16) Rebuild or restore a rebuilt vehicle without the
  125  knowledge of the owner in such a manner that it does not conform
  126  to the original vehicle manufacturer’s established repair
  127  procedures or specifications and allowable tolerances for the
  128  particular model and year.; or
  129         (17) Perform any other act that is a violation of this part
  130  or that constitutes fraud or misrepresentation.
  131         (18)Violate any provision of s. 713.585.
  132         Section 3. Subsections (1) through (4), (9), and (13) of
  133  section 713.585, Florida Statutes, are amended, and subsections
  134  (14) through (18) are added to that section, to read:
  135         713.585 Enforcement of lien by sale of motor vehicle.—A
  136  person claiming a lien under s. 713.58 for performing labor or
  137  services on a motor vehicle may enforce such lien by sale of the
  138  vehicle in accordance with the following procedures:
  139         (1) The lienor or the lienor’s agent must give notice of
  140  the lien, by certified mail, return receipt requested, within 7
  141  business days, excluding Saturday and Sunday, from the beginning
  142  date of the assessment of storage charges on said motor vehicle,
  143  to the registered owner of the vehicle, to the customer as
  144  indicated on the order for repair, and to all other persons
  145  claiming an interest therein in or lien thereon, as disclosed by
  146  the records of the Department of Highway Safety and Motor
  147  Vehicles or as disclosed by the records of any corresponding
  148  agency of any other state in which the vehicle is identified
  149  through a records check of the National Motor Vehicle Title
  150  Information System or an equivalent commercially available
  151  system as being the current state where the vehicle is titled.
  152  Such notice must contain:
  153         (a)Be sent to the registered owner, the customer, and all
  154  other persons claiming an interest therein or lien thereon
  155  within 7 business days, excluding Saturday and Sunday, after the
  156  date on which storage charges begin to accrue on the vehicle.
  157  However, in no event shall the notice of lien be sent less than
  158  30 days before the sale of the motor vehicle.
  159         (b)Be sent by certified mail with the last eight digits of
  160  the vehicle identification number of the motor vehicle subject
  161  to the lien clearly printed in the delivery address box and on
  162  the outside of the envelope sent to the registered owner, the
  163  customer, and all other persons claiming an interest therein or
  164  lien thereon.
  165         (c)(a)Contain a description of the vehicle, including, at
  166  minimum, its year, make, vehicle identification number, and the
  167  vehicle’s location.
  168         (d)(b)Contain the name and address of the owner of the
  169  vehicle, the customer as indicated on the order for repair, and
  170  any person claiming an interest therein in or lien thereon.
  171         (e)(c)Contain the name, address, and telephone number of
  172  the lienor.
  173         (f)(d)Contain notice that the lienor claims a lien on the
  174  vehicle for labor and services performed and storage charges, if
  175  any, and the cash sum which, if paid to the lienor, would be
  176  sufficient to redeem the vehicle from the lien claimed by the
  177  lienor.
  178         (g)Contain the motor vehicle repair shop’s registration
  179  number, owner’s name, and physical address and the entity name,
  180  as registered with the Department of Agriculture and Consumer
  181  Services, of the business where the repair work or storage
  182  occurred, which must also appear on the outside of the envelope
  183  sent to the registered owner, the customer, and all other
  184  persons claiming an interest in or lien on the vehicle.
  185         (h)Contain the name of the person or entity that
  186  authorized the labor or services on the vehicle.
  187         (i)Contain an itemized statement of the amount claimed to
  188  be owed to the lienor, including the date the vehicle was
  189  dropped off for repairs; the date the repairs were completed;
  190  the date the customer was notified of the completion of the
  191  repairs; the amount due for repairs, adjustments, or
  192  modifications to the vehicle; any administrative fees; and any
  193  daily storage charges.
  194         (j)(e)Contain notice that the lien claimed by the lienor
  195  is subject to enforcement pursuant to this section and that the
  196  vehicle may be sold to satisfy the lien.
  197         (k)(f)Contain If known, the date, time, and location of
  198  any proposed or scheduled sale of the vehicle. A vehicle may not
  199  be sold earlier than 60 days after completion of the repair
  200  work.
  201         (l)(g)Contain notice that the owner of the vehicle or any
  202  person claiming an interest therein in or lien thereon has a
  203  right to a hearing at any time before the scheduled date of sale
  204  by filing a demand for hearing with the clerk of the circuit
  205  court in the county in which the vehicle is held and mailing
  206  copies of the demand for hearing to all other owners and lienors
  207  as reflected on the notice.
  208         (m)(h)Contain notice that the owner of the vehicle has a
  209  right to recover possession of the vehicle without instituting
  210  judicial proceedings by posting bond in accordance with s.
  211  559.917.
  212         (n)(i)Contain notice that any proceeds from the sale of
  213  the vehicle remaining after payment of the amount claimed to be
  214  due and owing to the lienor will be deposited with the clerk of
  215  the circuit court for disposition upon court order pursuant to
  216  subsection (8).
  217         (o)(j)Contain notice that a lienholder, if any, has the
  218  right, as specified in subsection (5), to demand a hearing or to
  219  post a bond.
  220         (p)Contain a statement that the lienor will make the
  221  vehicle available for inspection during regular business hours
  222  within 3 business days after receiving a written request to
  223  inspect the vehicle from a notice recipient, who may present
  224  either a copy of an electronic title or a paper title as
  225  evidence of his or her interest in and right to inspect the
  226  vehicle.
  227         (q)Contain the address at which the vehicle is physically
  228  located.
  229         (2) If attempts to locate the owner or lienholder are
  230  unsuccessful after a check of the records of the Department of
  231  Highway Safety and Motor Vehicles and any state disclosed by the
  232  check of the National Motor Vehicle Title Information System or
  233  an equivalent commercially available system, the lienor must
  234  notify the local law enforcement agency in writing by certified
  235  mail or acknowledged hand delivery that the lienor has been
  236  unable to locate the owner or lienholder, that a physical search
  237  of the vehicle has disclosed no ownership information, and that
  238  a good faith effort, including records checks of the Department
  239  of Highway Safety and Motor Vehicles database and the National
  240  Motor Vehicle Title Information System or an equivalent
  241  commercially available system, has been made. A description of
  242  the motor vehicle which includes the year, make, and
  243  identification number must be given on the notice. This
  244  notification must take place within 7 business days, excluding
  245  Saturday and Sunday, after from the beginning date on which of
  246  the assessment of storage charges begin to accrue on the said
  247  motor vehicle. For purposes of this subsection paragraph, the
  248  term “good faith effort” means that the following checks have
  249  been performed by the company to establish the prior state of
  250  registration and title:
  251         (a) A check of the department’s Department of Highway
  252  Safety and Motor Vehicles database for the owner and any
  253  lienholder.;
  254         (b) A check of the federally mandated electronic National
  255  Motor Vehicle Title Information System or an equivalent
  256  commercially available system to determine the state of
  257  registration when there is not a current title or registration
  258  record for the vehicle on file with the department. of Highway
  259  Safety and Motor Vehicles;
  260         (c) A check of the vehicle for any type of tag, tag record,
  261  temporary tag, or regular tag.;
  262         (d) A check of the vehicle for an inspection sticker or
  263  other stickers and decals that could indicate the state of
  264  possible registration.; and
  265         (e) A check of the interior of the vehicle for any papers
  266  that could be in the glove box, trunk, or other areas for the
  267  state of registration.
  268         (3) A vehicle may not be sold earlier than 60 days after
  269  completion of the repair work. If the date of the sale was not
  270  included in the notice of lien required in subsection (1),
  271  notice of the sale must be sent by certified mail at least,
  272  return receipt requested, not less than 15 days before the date
  273  of sale, to the customer as indicated on the order for repair,
  274  and to all other persons claiming an interest in or lien on the
  275  motor vehicle, as disclosed by the records of the Department of
  276  Highway Safety and Motor Vehicles or of a corresponding agency
  277  of any other state in which the vehicle appears to have been
  278  registered after completion of a check of the National Motor
  279  Vehicle Title Information System or an equivalent commercially
  280  available system. Such notice must:
  281         (a)Be sent by certified mail with the last eight digits of
  282  the vehicle identification number of the motor vehicle subject
  283  to the sale clearly identified and printed in the delivery
  284  address box and on the outside of the envelope sent to the
  285  registered owner, the customer, and all other persons claiming
  286  an interest therein or lien thereon.
  287         (b)Contain the motor vehicle repair shop’s registration
  288  number, owner’s name, and physical address and the entity name,
  289  as registered with the Department of Agriculture and Consumer
  290  Services, of the business where the repair work or storage
  291  occurred, which must also appear on the outside of the envelope
  292  containing the notice of sale in the return address section of
  293  the envelope.
  294         (4) The lienor, at least 15 days before the proposed or
  295  scheduled date of sale of the vehicle, shall publish the notice
  296  required by this section once in a newspaper circulated in the
  297  county where the vehicle repair work was completed and where the
  298  sale is to take place held. A certificate of compliance with the
  299  notification provisions of this section, which includes the
  300  vehicle identification number, verified by the lienor, together
  301  with a copy of the notice of lien required by subsection (1) and
  302  the notice of sale required by subsection (3), which must
  303  include and return receipt for mailing of the notice required by
  304  this section, proof of publication, and checks of the Department
  305  of Highway Safety and Motor Vehicles and the National Motor
  306  Vehicle Title Information System or an equivalent commercially
  307  available system, must be duly and expeditiously filed with the
  308  clerk of the circuit court in the county where the vehicle is
  309  held. The lienor, at the time of filing the certificate of
  310  compliance, must pay to the clerk of that court a service charge
  311  of $10 for indexing and recording the certificate.
  312         (9)(a) A copy of the certificate of compliance, which must
  313  include the vehicle identification number, and the report of
  314  sale, certified by the clerk of the court, a copy of the notice
  315  of lien required by subsection (1) and the notice of sale
  316  required by subsection (3), and proof of the required check of
  317  the National Motor Vehicle Title Information System or an
  318  equivalent commercially available system shall constitute
  319  satisfactory proof for application to the Department of Highway
  320  Safety and Motor Vehicles for transfer of title, together with
  321  any other proof required by any rules and regulations of the
  322  department.
  323         (b)The Department of Highway Safety and Motor Vehicles may
  324  not approve an application for transfer of title if the
  325  application fails to include a copy of the notice of lien
  326  required by subsection (1) and the notice of sale required by
  327  subsection (3). The vehicle identification number on the notice
  328  of lien must match the vehicle identification number of the
  329  vehicle that is the subject of the transfer of title.
  330         (13) A failure to make good faith efforts as defined in
  331  subsection (2) precludes the imposition of any storage charges
  332  against the vehicle. If a lienor fails to provide notice to any
  333  person claiming a lien on a vehicle under subsection (1) within
  334  7 business days after the date assessment of storage of the
  335  vehicle charges has begun, then the lienor may not charge the
  336  person is precluded from charging for more than 7 days of
  337  storage, but such failure to provide timely notice does not
  338  affect charges made for repairs, adjustments, or modifications
  339  to the vehicle or the priority of liens on the vehicle.
  340         (14)At any time before the proposed or scheduled date of
  341  sale of a vehicle, the owner, the customer, or a person claiming
  342  an interest therein or lien thereon may request to inspect the
  343  vehicle. The lienor must make the vehicle available for
  344  inspection during regular business hours within 3 business days
  345  after receiving a written request to inspect the vehicle.
  346         (15)(a)A lienor or the lienor’s agent may charge an
  347  administrative fee to the registered owner, the insurance
  348  company insuring the vehicle, or a person of record claiming a
  349  lien against the vehicle to obtain release of the vehicle. Such
  350  administrative fee may not exceed $250. For purposes of this
  351  paragraph, the term “administrative fee” means a lien fee or any
  352  fee imposed by the lienor or the lienor’s agent for
  353  administrative costs added to the amount due for storage,
  354  repairs, adjustments, or modifications to the vehicle.
  355         (b)A lienor or the lienor’s agent may not charge fees or
  356  costs, other than those authorized in this section, that exceed
  357  $250.
  358         (16)A motor vehicle repair shop, garage, automotive
  359  service facility, or storage operator must use a third-party
  360  service approved by the Department of Highway Safety and Motor
  361  Vehicles to transmit all notices required by this section. If
  362  there is no third-party service approved by the department, the
  363  motor vehicle repair shop, garage, automotive service facility,
  364  or storage operator may mail the notices and provide evidence of
  365  compliance with this section upon submission of an application
  366  for certificate of title or certificate of destruction.
  367         (a)For purposes of this subsection, the term “third-party
  368  service” means a qualified business entity that, upon a request
  369  submitted through a website by a motor vehicle repair shop,
  370  garage, automotive service facility, or storage operator:
  371         1.Accesses the National Motor Vehicle Title Information
  372  System records to obtain the last state of record of the
  373  vehicle.
  374         2.Accesses the owner, lienholder, and insurer information,
  375  as applicable, for a vehicle from the department.
  376         3.Electronically generates the notices required of a motor
  377  vehicle repair shop and a towing-storage operator by this
  378  section through the website.
  379         4.Prints and sends the notices required under this section
  380  to each owner, lienholder, and insurer of record by certified
  381  mail.
  382         5.Electronically returns tracking information or other
  383  proof of mailing and delivery of the notices to the motor
  384  vehicle repair shop and towing-storage operator.
  385         6.Electronically reports to the department, via an
  386  electronic data exchange process using a web interface, the
  387  following information related to the repair and storage notices:
  388         a.The vehicle identification number.
  389         b.The license plate number.
  390         c.The name and address of the repair shop or lienor.
  391         d.The physical location of the vehicle.
  392         e.The date on which the vehicle was dropped off for
  393  repairs.
  394         f.The date on which the repairs were completed.
  395         g.The amount due for repairs and the storage amount per
  396  day.
  397         h.The dates on which the notice was mailed and delivered.
  398         i.The date on which the owner was notified that the
  399  repairs were completed.
  400         j.Other information required by the department.
  401         (b)A third-party service must apply to and be approved by
  402  the department in order to provide notices under this section.
  403  The department shall prescribe the format for the application.
  404  The department may approve the applicant as qualified to perform
  405  the services provided in paragraph (a) if the applicant:
  406         1.Provides the department with a $1 million bond.
  407         2.Submits an acceptable internal control and data security
  408  audit (Level 2) or its equivalent performed by a licensed
  409  certified public accountant.
  410         3.Successfully demonstrates the ability to electronically
  411  provide required data to the department via an electronic data
  412  exchange process using a web interface.
  413         (c)The department may deny, suspend, or revoke approval of
  414  a third-party service if the department determines that the
  415  third-party service has committed an act of fraud or
  416  misrepresentation related to a notice required by this section.
  417         (d)A third-party service must maintain all records related
  418  to providing notices under this section for 5 years and allow
  419  the department to inspect and copy such records upon request.
  420  The records may be maintained in an electronic format.
  421         (e)A third-party service must annually provide the
  422  department with evidence that it maintains a $1 million bond and
  423  must annually submit an internal control and data security audit
  424  (Level 2) or its equivalent performed by a licensed certified
  425  public accountant to continue its approved status each year.
  426         (f)A third-party service must maintain a publicly
  427  available website that allows owners, registrants, lienholders,
  428  insurance companies, or their agents to search for notices sent
  429  pursuant to this section. The search results must exclude
  430  personal identifying information but provide the same
  431  information provided to the department.
  432         (17)A lienor must release to the owner, lienholder, or
  433  agent thereof all of the personal property found in but not
  434  affixed to the vehicle. Upon payment of the charges owed, the
  435  lienor must release the vehicle to the paying owner, lienholder,
  436  or agent thereof.
  437         (18)A lienor must accept either a copy of an electronic
  438  title or a paper title as evidence of a person’s interest in a
  439  vehicle.
  440         Section 4. Subsection (4), paragraphs (a) and (b) of
  441  subsection (5), and subsections (6) and (9) of section 713.78,
  442  Florida Statutes, are amended, and subsections (14) through (17)
  443  are added to that section, to read:
  444         713.78 Liens for recovering, towing, or storing vehicles
  445  and vessels.—
  446         (4)(a) A Any person regularly engaged in the business of
  447  recovering, towing, or storing vehicles or vessels who comes
  448  into possession of a vehicle or vessel pursuant to subsection
  449  (2), and who claims a lien for recovery, towing, or storage
  450  services, shall give notice, by certified mail, to the
  451  registered owner, the insurance company insuring the vehicle
  452  notwithstanding the provisions of s. 627.736, and to all persons
  453  claiming a lien thereon, as disclosed by the records in the
  454  Department of Highway Safety and Motor Vehicles or as disclosed
  455  by the records of any corresponding agency in any other state in
  456  which the vehicle is identified through a records check of the
  457  National Motor Vehicle Title Information System or an equivalent
  458  commercially available system as being titled or registered.
  459         (b) Whenever a any law enforcement agency authorizes the
  460  removal of a vehicle or vessel or whenever a any towing service,
  461  garage, repair shop, or automotive service, storage, or parking
  462  place notifies the law enforcement agency of possession of a
  463  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  464  enforcement agency of the jurisdiction where the vehicle or
  465  vessel is stored shall contact the Department of Highway Safety
  466  and Motor Vehicles, or the appropriate agency of the state of
  467  registration, if known, within 24 hours through the medium of
  468  electronic communications, giving the full description of the
  469  vehicle or vessel. Upon receipt of the full description of the
  470  vehicle or vessel, the department shall search its files to
  471  determine the owner’s name, the insurance company insuring the
  472  vehicle or vessel, and whether any person has filed a lien upon
  473  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  474  notify the applicable law enforcement agency within 72 hours.
  475  The person in charge of the towing service, garage, repair shop,
  476  or automotive service, storage, or parking place shall obtain
  477  such information from the applicable law enforcement agency
  478  within 5 days after the date of storage and shall give notice
  479  pursuant to paragraph (a). The department may release the
  480  insurance company information to the requestor notwithstanding
  481  the provisions of s. 627.736.
  482         (c) The notice of lien must be sent by certified mail to
  483  the registered owner, the insurance company insuring the vehicle
  484  notwithstanding s. 627.736, and all other persons claiming a
  485  lien thereon shall be sent within 7 business days, excluding
  486  Saturday and Sunday, after the date of storage of the vehicle or
  487  vessel. However, in no event shall the notice of lien be sent
  488  less than 30 days before the sale of to the registered owner,
  489  the insurance company insuring the vehicle notwithstanding the
  490  provisions of s. 627.736, and all persons of record claiming a
  491  lien against the vehicle or vessel. The notice must state:
  492         1.If the claim of lien is for a vehicle, the last eight
  493  digits of the vehicle identification number of the vehicle
  494  subject to the lien, or, if the claim of lien is for a vessel,
  495  the hull identification number of the vessel subject to the
  496  lien, clearly printed in the delivery address box and on the
  497  outside of the envelope sent to the registered owner and all
  498  other persons claiming an interest therein or lien thereon.
  499         2.The name, physical address, and telephone number of the
  500  lienor, and the entity name, as registered with the Division of
  501  Corporations, of the business where the towing and storage
  502  occurred, which must also appear on the outside of the envelope
  503  sent to the registered owner and all other persons claiming an
  504  interest in or lien on the vehicle or vessel.
  505         3.It shall state The fact of possession of the vehicle or
  506  vessel.
  507         4.The name of the person or entity that authorized the
  508  lienor to take possession of the vehicle or vessel.,
  509         5. That a lien as provided in subsection (2) is claimed.,
  510         6. That charges have accrued and include an itemized
  511  statement of the amount thereof.,
  512         7. That the lien is subject to enforcement under pursuant
  513  to law, and that the owner or lienholder, if any, has the right
  514  to a hearing as set forth in subsection (5)., and
  515         8. That any vehicle or vessel that which remains unclaimed,
  516  or for which the charges for recovery, towing, or storage
  517  services remain unpaid, may be sold free of all prior liens
  518  after 35 days after the vehicle or vessel is stored by the
  519  lienor if the vehicle or vessel is more than 3 years of age or
  520  after 50 days after the vehicle or vessel is stored by the
  521  lienor if the vehicle or vessel is 3 years of age or less.
  522         9.The address at which the vehicle or vessel is physically
  523  located.
  524         (d)The notice of lien may not be sent to the registered
  525  owner, the insurance company insuring the vehicle or vessel, and
  526  all other persons claiming a lien thereon less than 30 days
  527  before the sale of the vehicle or vessel.
  528         (e)(d) If attempts to locate the name and address of the
  529  owner or lienholder prove unsuccessful, the towing-storage
  530  operator shall, after 7 business working days, excluding
  531  Saturday and Sunday, after of the initial tow or storage, notify
  532  the public agency of jurisdiction where the vehicle or vessel is
  533  stored in writing by certified mail or acknowledged hand
  534  delivery that the towing-storage company has been unable to
  535  locate the name and address of the owner or lienholder and a
  536  physical search of the vehicle or vessel has disclosed no
  537  ownership information and a good faith effort has been made,
  538  including records checks of the Department of Highway Safety and
  539  Motor Vehicles database and the National Motor Vehicle Title
  540  Information System or an equivalent commercially available
  541  system. For purposes of this paragraph and subsection (9), the
  542  term “good faith effort” means that the following checks have
  543  been performed by the company to establish the prior state of
  544  registration and for title:
  545         1. A check of the department’s Department of Highway Safety
  546  and Motor Vehicles database for the owner and any lienholder.
  547         2. A check of the electronic National Motor Vehicle Title
  548  Information System or an equivalent commercially available
  549  system to determine the state of registration when there is not
  550  a current registration record for the vehicle or vessel on file
  551  with the department of Highway Safety and Motor Vehicles.
  552         3. A check of the vehicle or vessel for any type of tag,
  553  tag record, temporary tag, or regular tag.
  554         4. A check of the law enforcement report for a tag number
  555  or other information identifying the vehicle or vessel, if the
  556  vehicle or vessel was towed at the request of a law enforcement
  557  officer.
  558         5. A check of the trip sheet or tow ticket of the tow truck
  559  operator to determine whether see if a tag was on the vehicle or
  560  vessel at the beginning of the tow, if a private tow.
  561         6. If there is no address of the owner on the impound
  562  report, a check of the law enforcement report to determine
  563  whether see if an out-of-state address is indicated from driver
  564  license information.
  565         7. A check of the vehicle or vessel for an inspection
  566  sticker or other stickers and decals that may indicate a state
  567  of possible registration.
  568         8. A check of the interior of the vehicle or vessel for any
  569  papers that may be in the glove box, trunk, or other areas for a
  570  state of registration.
  571         9. A check of the vehicle for a vehicle identification
  572  number.
  573         10. A check of the vessel for a vessel registration number.
  574         11. A check of the vessel hull for a hull identification
  575  number which should be carved, burned, stamped, embossed, or
  576  otherwise permanently affixed to the outboard side of the
  577  transom or, if there is no transom, to the outmost seaboard side
  578  at the end of the hull that bears the rudder or other steering
  579  mechanism.
  580         (5)(a) The owner of a vehicle or vessel removed pursuant to
  581  the provisions of subsection (2), or any person claiming a lien,
  582  other than the towing-storage operator, within 10 days after the
  583  time she or he has knowledge of the location of the vehicle or
  584  vessel, may file a complaint in the county court of the county
  585  in which the vehicle or vessel is stored to determine whether if
  586  her or his property was wrongfully taken or withheld from her or
  587  him.
  588         (b) At any time before the sale of the vehicle or vessel
  589  Upon filing of a complaint, an owner or lienholder may have her
  590  or his vehicle or vessel released upon posting with the court a
  591  cash or surety bond or other adequate security equal to the
  592  amount of the charges for towing or storage and lot rental
  593  amount to ensure the payment of such charges in the event she or
  594  he does not prevail. Upon the posting of the bond and the
  595  payment of the applicable fee set forth in s. 28.24, the clerk
  596  of the court shall issue a certificate notifying the lienor of
  597  the posting of the bond and directing the lienor to release the
  598  vehicle or vessel. At the time of such release, after reasonable
  599  inspection, she or he shall give a receipt to the towing-storage
  600  company reciting any claims she or he has for loss or damage to
  601  the vehicle or vessel or the contents thereof.
  602         (6) A Any vehicle or vessel that which is stored pursuant
  603  to subsection (2) and which remains unclaimed, or for which
  604  reasonable charges for recovery, towing, or storing remain
  605  unpaid, and any contents not released pursuant to subsection
  606  (10), may be sold by the owner or operator of the storage space
  607  for such towing or storage charge after 35 days after from the
  608  time the vehicle or vessel is stored by the lienor therein if
  609  the vehicle or vessel is more than 3 years of age or after 50
  610  days after following the time the vehicle or vessel is stored by
  611  the lienor therein if the vehicle or vessel is 3 years of age or
  612  less. The sale shall be at public sale for cash. If the date of
  613  the sale was not included in the notice required in subsection
  614  (4), notice of the sale shall be given to the person in whose
  615  name the vehicle or vessel is registered and to all persons
  616  claiming a lien on the vehicle or vessel as shown on the records
  617  of the Department of Highway Safety and Motor Vehicles or of any
  618  corresponding agency in any other state in which the vehicle is
  619  identified through a records check of the National Motor Vehicle
  620  Title Information System or an equivalent commercially available
  621  system as being titled. Notice of the sale must shall be sent by
  622  certified mail. The notice must have clearly identified and
  623  printed, if the claim of lien is for a motor vehicle, the last
  624  eight digits of the vehicle identification number of the motor
  625  vehicle subject to the lien, or, if the claim of lien is for a
  626  vessel, the hull identification number of the vessel subject to
  627  the lien, in the delivery address box and on the outside of the
  628  envelope sent to the registered owner and all other persons
  629  claiming an interest therein or lien thereon. The notice must be
  630  sent to the owner of the vehicle or vessel and the person having
  631  the recorded lien on the vehicle or vessel at the address shown
  632  on the records of the registering agency at least and shall be
  633  mailed not less than 15 days before the sale of the vehicle or
  634  vessel date of the sale. The notice must state the name,
  635  physical address, and telephone number of the lienor, and the
  636  vehicle identification number if the claim of lien is for a
  637  vehicle or the hull identification number if the claim of lien
  638  is for a vessel, all of which must also appear in the return
  639  address section on the outside of the envelope containing the
  640  notice of sale. After diligent search and inquiry, if the name
  641  and address of the registered owner or the owner of the recorded
  642  lien cannot be ascertained, the requirements of notice by mail
  643  may be dispensed with. In addition to the notice by mail, public
  644  notice of the time and place of sale shall be made by publishing
  645  a notice thereof one time, at least 10 days before prior to the
  646  date of the sale, in a newspaper of general circulation in the
  647  county in which the sale is to be held. The proceeds of the
  648  sale, after payment of reasonable towing and storage charges,
  649  and costs of the sale, in that order of priority, shall be
  650  deposited with the clerk of the circuit court for the county if
  651  the owner or lienholder is absent, and the clerk shall hold such
  652  proceeds subject to the claim of the owner or lienholder legally
  653  entitled thereto. The clerk shall be entitled to receive 5
  654  percent of such proceeds for the care and disbursement thereof.
  655  The certificate of title issued under this law shall be
  656  discharged of all liens unless otherwise provided by court
  657  order. The owner or lienholder may file a complaint after the
  658  vehicle or vessel has been sold in the county court of the
  659  county in which it is stored. Upon determining the respective
  660  rights of the parties, the court may award damages, attorney
  661  attorney’s fees, and costs in favor of the prevailing party.
  662         (9) Failure to make good faith best efforts to comply with
  663  the notice requirements of this section precludes shall preclude
  664  the imposition of any storage charges against the such vehicle
  665  or vessel. If a lienor fails to provide notice to a person
  666  claiming a lien on a vehicle or vessel in accordance with
  667  subsection (4), the lienor may not charge the person for more
  668  than 7 days of storage, but such failure does not affect charges
  669  made for towing the vehicle or vessel or the priority of liens
  670  on the vehicle or vessel.
  671         (14)(a)A copy of the notice of lien required by subsection
  672  (4) and the notice of sale required by subsection (6), which
  673  must include the vehicle identification number if the claim of
  674  lien is for a vehicle or the hull identification number if the
  675  claim of lien is for a vessel, and proof of the required check
  676  of the National Motor Vehicle Title Information System or an
  677  equivalent commercially available system shall constitute
  678  satisfactory proof for application to the Department of Highway
  679  Safety and Motor Vehicles for transfer of title, together with
  680  any other proof required by any rules and regulations of the
  681  department.
  682         (b)The Department of Highway Safety and Motor Vehicles may
  683  not approve an application for transfer of title if the
  684  application fails to include a copy of the notice of lien
  685  required by subsection (4) and the notice of sale required by
  686  subsection (6). The vehicle or hull identification number on the
  687  notice of lien must match the vehicle or hull identification
  688  number of the vehicle or vessel that is the subject of the
  689  transfer of title.
  690         (15)(a)A lienor or the lienor’s agent may charge an
  691  administrative fee to the registered owner, the insurance
  692  company insuring the vehicle or vessel, or a person claiming a
  693  lien against the vehicle or vessel to obtain release of the
  694  vehicle or vessel. Such administrative fee may not exceed $250.
  695  For purposes of this paragraph, the term “administrative fee”
  696  means a lien fee or any fee imposed by the lienor or the
  697  lienor’s agent for administrative costs added to the amount due
  698  for towing and storing the vehicle or vessel.
  699         (b)A lienor or the lienor’s agent may not charge fees or
  700  costs, other than those authorized in this section or ss.
  701  125.0103 and 166.043, that exceed $250.
  702         (16)A towing-storage operator must use a third-party
  703  service approved by the Department of Highway Safety and Motor
  704  Vehicles to transmit all notices required by this section. If
  705  there is no third-party service approved by the department, the
  706  towing-storage operator may mail the notices and provide
  707  evidence of compliance with this section upon submission of an
  708  application for certificate of title or certificate of
  709  destruction.
  710         (a)For purposes of this subsection, the term “third-party
  711  service” means a qualified business entity that, upon a request
  712  submitted through a website by a towing-storage operator:
  713         1.Accesses the National Motor Vehicle Title Information
  714  System records to obtain the last state of record of the
  715  vehicle.
  716         2.Accesses the owner, lienholder, and insurer information,
  717  as applicable, for a vehicle or vessel from the department.
  718         3.Electronically generates the notices required of a
  719  towing-storage operator by this section through the website.
  720         4.Prints and sends the notices required under this section
  721  to each owner, lienholder, and insurer of record by certified
  722  mail.
  723         5.Electronically returns tracking information or other
  724  proof of mailing and delivery of the notices to the towing
  725  storage operator.
  726         6.Electronically reports to the department, via an
  727  electronic data exchange process using a web interface, the
  728  following information related to the towing and storage notice:
  729         a.The vehicle identification number or vessel hull
  730  identification number.
  731         b.The license plate number, if applicable.
  732         c.The name and address of the towing-storage operator or
  733  lienor.
  734         d.The physical location of the vehicle or vessel.
  735         e.The date on which the vehicle or vessel was towed.
  736         f.The amount of storage fees owed at the time of the
  737  notice.
  738         g.The date of assessment of storage charges.
  739         h.The dates on which the notice was mailed and delivered.
  740         i.Other information required by the department.
  741         (b)A third-party service must apply to and be approved by
  742  the department in order to provide notices under this section.
  743  The department shall prescribe the format for the application.
  744  The department may approve the applicant as qualified to perform
  745  the services provided in paragraph (a) if the applicant:
  746         1.Provides the department with a $1 million bond.
  747         2.Submits an acceptable internal control and data security
  748  audit (Level 2) or its equivalent performed by a licensed
  749  certified public accountant.
  750         3.Successfully demonstrates the ability to electronically
  751  provide required data to the department via an electronic data
  752  exchange process using a web interface.
  753         (c)The department may deny, suspend, or revoke approval of
  754  a third-party service if the department determines that the
  755  third-party service has committed an act of fraud or
  756  misrepresentation related to a notice required by this section.
  757         (d)A third-party service must maintain all records related
  758  to providing notices under this section for 5 years and allow
  759  the department to inspect and copy such records upon request.
  760  The records may be maintained in an electronic format.
  761         (e)A third-party service must annually provide the
  762  department with evidence that it maintains a $1 million bond and
  763  must annually submit an internal control and data security audit
  764  (Level 2) or its equivalent performed by a licensed certified
  765  public accountant to continue its approved status each year.
  766         (f)A third-party service must maintain a publicly
  767  available website that allows owners, registrants, lienholders,
  768  insurance companies, or their agents to search for notices sent
  769  pursuant to this section. The search results must exclude
  770  personal identifying information but provide the same
  771  information provided to the department.
  772         (17)A lienor must accept either a copy of an electronic
  773  title or a paper title as evidence of a person’s interest in a
  774  vehicle or vessel.
  775         Section 5. This act shall take effect January 1, 2020.
  776  
  777  ================= T I T L E  A M E N D M E N T ================
  778  And the title is amended as follows:
  779         Delete everything before the enacting clause
  780  and insert:
  781                        A bill to be entitled                      
  782         An act relating to liens against motor vehicles and
  783         vessels; amending s. 559.917, F.S.; authorizing a
  784         person claiming a lien against a motor vehicle to
  785         obtain the release of the vehicle from a lien claimed
  786         by a motor vehicle repair shop under certain
  787         circumstances; amending s. 559.920, F.S.; prohibiting
  788         a motor vehicle repair shop from violating certain
  789         provisions; amending s. 713.585, F.S.; revising notice
  790         requirements for enforcing a lien by sale of a motor
  791         vehicle; revising requirements for notice of lien and
  792         notice of sale of a motor vehicle; requiring a lienor
  793         to make the motor vehicle available for inspection by
  794         notice recipients; revising requirements for transfer
  795         of title; authorizing a lienor to charge an
  796         administrative fee up to a certain amount; defining
  797         the term “administrative fee”; requiring a motor
  798         vehicle repair shop, garage, automotive service
  799         facility, or storage operator to use a third-party
  800         service to provide notices of lien and sale; providing
  801         an exception; defining the term “third-party service”;
  802         requiring a third-party service to apply to and be
  803         approved by the Department of Highway Safety and Motor
  804         Vehicles; providing requirements; authorizing the
  805         department to deny, suspend, or revoke approval under
  806         certain circumstances; providing recordkeeping
  807         requirements; providing requirements for retaining
  808         approved status; requiring maintenance of a website
  809         for access to certain information; requiring a lienor
  810         to release certain personal property; requiring the
  811         lienor to release the vehicle upon payment of charges;
  812         requiring a lienor to accept a copy of an electronic
  813         title or a paper title as evidence of a person’s
  814         interest in a vehicle; amending s. 713.78, F.S.;
  815         revising requirements for notice of lien for
  816         recovering, towing, or storing a vehicle or vessel;
  817         revising requirements for notice of the sale of such
  818         vehicle or vessel; revising requirements for transfer
  819         of title; authorizing a lienor to charge an
  820         administrative fee up to a certain amount; defining
  821         the term “administrative fee”; requiring a towing
  822         storage operator to use a third-party service to
  823         provide notices of lien and sale; providing an
  824         exception; defining the term “third-party service”;
  825         requiring a third-party service to apply to and be
  826         approved by the department; providing requirements;
  827         authorizing the department to deny, suspend, or revoke
  828         approval under certain circumstances; providing
  829         recordkeeping requirements; providing requirements for
  830         retaining approved status; requiring maintenance of a
  831         website for access to certain information; requiring a
  832         lienor to accept a copy of an electronic title or a
  833         paper title as evidence of a person’s interest in a
  834         vehicle or vessel; providing an effective date.