Senate Bill 1312
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Florida Senate - 1998 SB 1312
By Senator Hargrett
21-814-98
1 A bill to be entitled
2 An act relating to motor vehicle repair liens;
3 amending s. 713.585, F.S.; requiring that a
4 notice of claim of lien for performing labor on
5 a motor vehicle include an itemized invoice;
6 providing for rejection of an application for
7 transfer of title if such an invoice is not
8 filed with the application and there has been
9 an attempt to improperly charge storage
10 charges; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsections (1), (9), and (13) of section
15 713.585, Florida Statutes, are amended to read:
16 713.585 Enforcement of lien by sale of motor
17 vehicle.--A person claiming a lien under s. 713.58 for
18 performing labor or services on a motor vehicle may enforce
19 such lien by sale of the vehicle in accordance with the
20 following procedures:
21 (1) The lienor must give notice, by certified mail,
22 return receipt requested, within 15 business days, excluding
23 Saturday and Sunday, from the beginning date of the assessment
24 of storage charges on said motor vehicle, to the registered
25 owner of the vehicle, to the customer as indicated on the
26 order for repair, and to all other persons claiming an
27 interest in or lien thereon, as disclosed by the records of
28 the Department of Highway Safety and Motor Vehicles or of a
29 corresponding agency of any other state in which the vehicle
30 appears registered. Such notice must contain:
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Florida Senate - 1998 SB 1312
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1 (a) A description of the vehicle (year, make, vehicle
2 identification number) and its location.
3 (b) The name and address of the owner of the vehicle,
4 the customer as indicated on the order for repair, and any
5 person claiming an interest in or lien thereon.
6 (c) The name, address, and telephone number of the
7 lienor.
8 (d) Notice that the lienor claims a lien on the
9 vehicle for labor and services performed and storage charges,
10 if any, and the cash sum which, if paid to the lienor, would
11 be sufficient to redeem the vehicle from the lien claimed by
12 the lienor. Such notice must include an itemized invoice that
13 details both the amount charged for repairs and the amount
14 charged for storage.
15 (e) Notice that the lien claimed by the lienor is
16 subject to enforcement pursuant to this section and that the
17 vehicle may be sold to satisfy the lien.
18 (f) If known, the date, time, and location of any
19 proposed or scheduled sale of the vehicle. No vehicle may be
20 sold earlier than 60 days after completion of the repair work.
21 (g) Notice that the owner of the vehicle or any person
22 claiming an interest in or lien thereon has a right to a
23 hearing at any time prior to the scheduled date of sale by
24 filing a demand for hearing with the clerk of the circuit
25 court in the county in which the vehicle is held and mailing
26 copies of the demand for hearing to all other owners and
27 lienors as reflected on the notice.
28 (h) Notice that the owner of the vehicle has a right
29 to recover possession of the vehicle without instituting
30 judicial proceedings by posting bond in accordance with the
31 provisions of s. 559.917.
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Florida Senate - 1998 SB 1312
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1 (i) Notice that any proceeds from the sale of the
2 vehicle remaining after payment of the amount claimed to be
3 due and owing to the lienor will be deposited with the clerk
4 of the circuit court for disposition upon court order pursuant
5 to subsection (8).
6 (9) A copy of the certificate of compliance and the
7 report of sale, certified by the clerk of the court, shall
8 constitute satisfactory proof for application to the
9 Department of Highway Safety and Motor Vehicles for transfer
10 of title, together with any other proof required by any rules
11 and regulations of the department. However, the department
12 shall reject the application if the lienor fails to submit an
13 itemized invoice detailing both the amount charged for repairs
14 and the amount charged for storage and if the department
15 determines that the lienor attempted to charge for storage
16 contrary to the provisions of this section.
17 (13) A failure to make good faith efforts as defined
18 in subsection (2) precludes the imposition of any storage
19 charges against the vehicle. If a lienor fails to provide
20 notice to any person claiming a lien on a vehicle under
21 subsection (1) within 15 business days after the assessment of
22 storage charges have begun, then the lienor is precluded from
23 charging for more than 15 days of storage, but failure to
24 provide timely notice does not affect charges made for
25 repairs, adjustments, or modifications to the vehicle or the
26 priority of liens on the vehicle, except as provided in
27 subsection (9).
28 Section 2. This act shall take effect upon becoming a
29 law.
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Florida Senate - 1998 SB 1312
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2 SENATE SUMMARY
3 Provides that a notice of claim of lien for performing
labor on a motor vehicle must include an itemized invoice
4 of the charges for storage and repair. An application for
title must be rejected if the invoice is not filed with
5 the application, and if there has been an attempt to
improperly charge storage charges.
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