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The Florida Senate

2015 Florida Statutes

Title XXIII MOTOR VEHICLES
Chapter 320 MOTOR VEHICLE LICENSES Entire Chapter
SECTION 1316
Failure to surrender vehicle or vessel.
F.S. 320.1316
320.1316 Failure to surrender vehicle or vessel.—
(1) Upon receipt from a lienor who claims a lien on a vehicle pursuant to s. 319.27 by the Department of Highway Safety and Motor Vehicles of written notice to surrender a vehicle or vessel that has been disposed of, concealed, removed, or destroyed by the lienee, the department shall place the name of the registered owner of that vehicle on the list of those persons who may not be issued a license plate, revalidation sticker, or replacement license plate. Pursuant to s. 320.03(8), the department may not issue a license plate, revalidation sticker, or replacement license plate for the vehicle, or a vessel registration number or decal for the vessel, owned by the lienee which is identified in the claim by the lienor. If the vehicle is owned jointly, the name of each registered owner shall be placed on the list.
(2) The notice to surrender the vehicle or vessel shall be signed under oath by the lienor and submitted on forms developed by the department, which must include:
(a) The name, address, and telephone number of the lienor.
(b) The name of the registered owner of the vehicle or vessel and the address to which the lienor provided notice to surrender the vehicle or vessel to the registered owner.
(c) A general description of the vehicle, including its color, make, model, body style, and year.
(d) The vehicle identification number, registration license plate number, if known, or other identification number, as applicable.
(3) The registered owner of the vehicle or vessel may dispute a notice to surrender the vehicle or vessel or his or her inclusion on the list of those persons who may not be issued a license plate, revalidation sticker, or replacement license plate under s. 320.03(8), or a vessel registration number or decal, by bringing a civil action in the county in which he or she resides.
(4) In an action brought pursuant to subsection (3), the petitioner is entitled to the summary procedure specified in s. 51.011, and the court shall advance the cause on its calendar if requested by the petitioner.
(5) At a hearing challenging the refusal to issue a license plate, revalidation sticker, or replacement license plate under s. 320.03(8), or a vessel registration number or decal, the court shall first determine whether the lienor has a recorded lien on the vehicle or vessel and whether the lienor properly made a demand for the surrender of the vehicle or vessel in accordance with this section. If the court determines that the lien was recorded and that such a demand was properly made, the court shall determine whether good cause exists for the lienee’s failure to surrender the vehicle or vessel. As used in this section, the term “good cause” is limited to proof that:
(a) The vehicle that was the subject of the demand for surrender was traded in to a licensed motor vehicle dealer before the date of the demand for surrender;
(b) The lien giving rise to the inclusion on the list has been paid in full or otherwise satisfied;
(c) There is ongoing litigation relating to the validity or enforceability of the lien;
(d) The petitioner was in compliance with all of his or her contractual obligations with the lienholder at the time of the demand for surrender;
(e) The vehicle or vessel was reported to law enforcement as stolen by the registered owner of the vehicle or vessel before the demand for surrender; or
(f) The petitioner no longer has possession of the vehicle or vessel, and the loss of possession occurred pursuant to operation of law. If the petitioner’s loss of possession did not occur pursuant to operation of law, the fact that a third party has physical possession of the vehicle or vessel does not constitute good cause for the failure to surrender the vehicle or vessel.
(6) If the petitioner establishes good cause for his or her failure to surrender the vehicle or vessel, the court shall enter an order removing the petitioner’s name from the list of those persons who may not be issued a license plate, revalidation sticker, or replacement license plate under s. 320.03(8), or a vessel registration number or decal, and shall award the petitioner reasonable attorney fees and costs actually incurred for the proceeding.
(7) If the court finds that the demand for surrender was properly made by the lienor and the petitioner fails to establish good cause for the failure to surrender the vehicle or vessel, the court shall award the lienor reasonable attorney fees and costs actually incurred for the proceeding.
History.—s. 4, ch. 2009-206; s. 24, ch. 2014-216.