SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Burt moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Subsection (8) of section 320.03, Florida
18 Statutes, is amended to read:
19 320.03 Registration; duties of tax collectors;
20 International Registration Plan.--
21 (8) If the applicant's name appears on the list
22 referred to in s. 316.1001(4), or s. 316.1967(6), or s.
23 713.78(13) a license plate or revalidation sticker may not be
24 issued until that person's name no longer appears on the list
25 or until the person presents a receipt from the clerk showing
26 that the fines outstanding have been paid. The tax collector
27 and the clerk of the court are each entitled to receive
28 monthly, as costs for implementing and administering this
29 subsection, 10 percent of the civil penalties and fines
30 recovered from such persons. As used in this subsection, the
31 term "civil penalties and fines" does not include a wrecker
1
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 operator's lien as described in s. 713.78(13). If the tax
2 collector has private tag agents, such tag agents are entitled
3 to receive a pro rata share of the amount paid to the tax
4 collector, based upon the percentage of license plates and
5 revalidation stickers issued by the tag agent compared to the
6 total issued within the county. The authority of any private
7 agent to issue license plates shall be revoked, after notice
8 and a hearing as provided in chapter 120, if he or she issues
9 any license plate or revalidation sticker contrary to the
10 provisions of this subsection. This section applies only to
11 the annual renewal in the owner's birth month of a motor
12 vehicle registration and does not apply to the transfer of a
13 registration of a motor vehicle sold by a motor vehicle dealer
14 licensed under this chapter, except for the transfer of
15 registrations which is inclusive of the annual renewals. This
16 section does not affect the issuance of the title to a motor
17 vehicle, notwithstanding s. 319.23(7)(b).
18 Section 2. Paragraph (b) of subsection (4) and
19 subsection (6) are amended, and subsection (13) is added to
20 section 713.78, Florida Statutes, to read:
21 713.78 Liens for recovering, towing, or storing
22 vehicles and documented vessels.--
23 (4)
24 (b) Notice by certified mail, return receipt
25 requested, shall be sent within 7 business days after the date
26 of storage of the vehicle or vessel to the registered owner
27 and to all persons of record claiming a lien against the
28 vehicle or vessel. It shall state the fact of possession of
29 the vehicle or vessel, that a lien as provided in subsection
30 (2) is claimed, that charges have accrued and the amount
31 thereof, that the lien is subject to enforcement pursuant to
2
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 law, and that the owner or lienholder, if any, has the right
2 to a hearing as set forth in subsection (5), and that any
3 vehicle or vessel which remains unclaimed, or for which the
4 charges for recovery, towing, or storage services remain
5 unpaid, may be sold after 35 days free of all prior liens
6 after 35 days if the vehicle or vessel is more than 3 years of
7 age or after 50 days if the vehicle or vessel is 3 years of
8 age or less.
9 (6) Any vehicle or vessel which is stored pursuant to
10 subsection (2) and which remains unclaimed, or for which
11 reasonable charges for recovery, towing, or storing remain
12 unpaid or for which a lot rental amount is due and owing to
13 the mobile home park owner, as evidenced by a judgment for
14 unpaid rent, and any contents not released pursuant to
15 subsection (10), may be sold by the owner or operator of the
16 storage space for such towing or storage charge or unpaid lot
17 rental amount after 35 days from the time the vehicle or
18 vessel is stored therein if the vehicle or vessel is more than
19 3 years of age or after 50 days following the time the vehicle
20 or vessel is stored therein if the vehicle or vessel is 3
21 years of age or less. The sale shall be at public auction for
22 cash. If the date of the sale was not included in the notice
23 required in subsection (4), notice of the sale shall be given
24 to the person in whose name the vehicle, vessel, or mobile
25 home is registered, to the mobile home park owner, and to all
26 persons claiming a lien on the vehicle or vessel as shown on
27 the records of the Department of Highway Safety and Motor
28 Vehicles or of the corresponding agency in any other state.
29 Notice shall be sent by certified mail, return receipt
30 requested, to the owner of the vehicle or vessel and the
31 person having the recorded lien on the vehicle or vessel at
3
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 the address shown on the records of the registering agency and
2 shall be mailed not less than 15 days before the date of the
3 sale. After diligent search and inquiry, if the name and
4 address of the registered owner or the owner of the recorded
5 lien cannot be ascertained, the requirements of notice by mail
6 may be dispensed with. In addition to the notice by mail,
7 public notice of the time and place of sale shall be made by
8 publishing a notice thereof one time, at least 10 days prior
9 to the date of the sale, in a newspaper of general circulation
10 in the county in which the sale is to be held. The proceeds
11 of the sale, after payment of reasonable towing and storage
12 charges, costs of the sale, and the unpaid lot rental amount,
13 in that order of priority, shall be deposited with the clerk
14 of the circuit court for the county if the owner is absent,
15 and the clerk shall hold such proceeds subject to the claim of
16 the person legally entitled thereto. The clerk shall be
17 entitled to receive 5 percent of such proceeds for the care
18 and disbursement thereof. The certificate of title issued
19 under this law shall be discharged of all liens unless
20 otherwise provided by court order.
21 (13)(a) Upon receipt by the Department of Highway
22 Safety and Motor Vehicles of written notice from a wrecker
23 operator who claims a wrecker operator's lien under paragraph
24 (2)(c) or paragraph (2)(d) for recovery, towing, or storage of
25 a vehicle, vessel, or mobile home, upon instructions from any
26 law enforcement agency, for which a certificate of destruction
27 has been issued under subsection (11), the department shall
28 place the name of the registered owner of that vehicle,
29 vessel, or mobile home on the list of those persons who may
30 not be issued a license plate or revalidation sticker for any
31 motor vehicle under s. 320.03(8). If the vehicle, vessel, or
4
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 mobile home is owned jointly by more than one person, the name
2 of each registered owner shall be placed on the list. The
3 notice of wrecker operator's lien shall be submitted on forms
4 provided by the department, which must include:
5 1. The name, address, and telephone number of the
6 wrecker operator.
7 2. The name of the registered owner of the vehicle,
8 vessel, or mobile home and the address to which the wrecker
9 operator provided notice of the lien to the registered owner
10 under subsection (4).
11 3. A general description of the vehicle, vessel, or
12 mobile home, including its color, make, model, body style, and
13 year.
14 4. The vehicle identification number (VIN);
15 registration license plate number, state, and year; validation
16 decal number, state, and year; mobile home sticker number,
17 state, and year; vessel registration number; hull
18 identification number; or other identification number, as
19 applicable.
20 5. The name of the person or the corresponding law
21 enforcement agency that requested that the vehicle, vessel, or
22 mobile home be recovered, towed, or stored.
23 6. The amount of the wrecker operator's lien, not to
24 exceed the amount allowed by paragraph (b).
25 (b) For purposes of this subsection only, the amount
26 of the wrecker operator's lien for which the department will
27 prevent issuance of a license plate or revalidation sticker
28 may not exceed the amount of the charges for recovery, towing,
29 and storage of the vehicle, vessel, or mobile home for 7 days.
30 These charges may not exceed the maximum rates imposed by the
31 ordinances of the respective county or municipality under ss.
5
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 125.0103(1)(c) and 166.043(1)(c). This paragraph does not
2 limit the amount of a wrecker operator's lien claimed under
3 subsection (2) or prevent a wrecker operator from seeking
4 civil remedies for enforcement of the entire amount of the
5 lien, but limits only that portion of the lien for which the
6 department will prevent issuance of a license plate or
7 revalidation sticker.
8 (c)1. The registered owner of a vehicle, vessel, or
9 mobile home may dispute a wrecker operator's lien, by
10 notifying the department of the dispute in writing on forms
11 provided by the department, if at least one of the following
12 applies:
13 a. The registered owner presents a notarized bill of
14 sale proving that the vehicle, vessel, or mobile home was sold
15 in a private or casual sale before the vehicle, vessel, or
16 mobile home was recovered, towed, or stored.
17 b. The registered owner presents proof that the
18 Florida certificate of title of the vehicle, vessel, or mobile
19 home was sold to a licensed dealer as defined in s. 319.001
20 before the vehicle, vessel, or mobile home was recovered,
21 towed, or stored.
22
23 If the registered owner's dispute of a wrecker operator's lien
24 complies with one of these criteria, the department shall
25 immediately remove the registered owner's name from the list
26 of those persons who may not be issued a licensed plate or
27 revalidation sticker for any motor vehicle under s. 320.03(8),
28 thereby allowing issuance of a license plate or revalidation
29 sticker. If the vehicle, vessel, or mobile home is owned
30 jointly by more than one person, each registered owner must
31 dispute the wrecker operator's lien in order to be removed
6
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 from the list. However, the department shall deny any dispute
2 and maintain the registered owner's name on the list of those
3 persons who may not be issued a license plate or revalidation
4 sticker for any motor vehicle under s. 320.03(8) if the
5 wrecker operator has provided the department with a certified
6 copy of the judgment of a court which orders the registered
7 owner to pay the wrecker operator's lien claimed under this
8 section. In such a case, the amount of the wrecker operator's
9 lien allowed by paragraph (b) may be increased to include no
10 more than $500 of the reasonable costs and attorney's fees
11 incurred in obtaining the judgment. The department's action
12 under this subparagraph is ministerial in nature, shall not be
13 considered final agency action, and is appealable only to the
14 county court for the county in which the vehicle, vessel, or
15 mobile home was ordered removed.
16 2. A person against whom a wrecker operator's lien has
17 been imposed may alternatively obtain a discharge of the lien
18 by filing a complaint, challenging the validity of the lien or
19 the amount thereof, in the county court of the county in which
20 the vehicle, vessel, or mobile home was ordered removed. Upon
21 filing of the complaint, the person may have her or his name
22 removed from the list of those persons who may not be issued a
23 licensed plate or revalidation sticker for any motor vehicle
24 under s. 320.03(8), thereby allowing issuance of a license
25 plate or revalidation sticker, upon posting with the court a
26 cash or surety bond or other adequate security equal to the
27 amount of the wrecker operator's lien to ensure the payment of
28 such lien in the event she or he does not prevail. Upon the
29 posting of the bond and the payment of the applicable fee set
30 forth in s. 28.24, the clerk of the court shall issue a
31 certificate notifying the department of the posting of the
7
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 bond and directing the department to release the wrecker
2 operator's lien. Upon determining the respective rights of the
3 parties, the court may award damages and costs in favor of the
4 prevailing party.
5 3. If a person against whom a wrecker operator's lien
6 has been imposed does not object to the lien, but cannot
7 discharge the lien by payment because the wrecker operator has
8 moved or gone out of business, the person may have her or his
9 name removed from the list of those persons who may not be
10 issued a licensed plate or revalidation sticker for any motor
11 vehicle under s. 320.03(8), thereby allowing issuance of a
12 license plate or revalidation sticker, upon posting with the
13 clerk of court in the county in which the vehicle, vessel, or
14 mobile home was ordered removed, a cash or surety bond or
15 other adequate security equal to the amount of the wrecker
16 operator's lien. Upon the posting of the bond and the payment
17 of the application fee set forth in s. 28.24, the clerk of the
18 court shall issue a certificate notifying the department of
19 the posting of the bond and directing the department to
20 release the wrecker operator's lien. The department shall mail
21 to the wrecker operator, at the address upon the lien form,
22 notice that the wrecker operator must claim the security
23 within 60 days, or the security will be released back to the
24 person who posted it. At the conclusion of the 60 days, the
25 department shall direct the clerk as to which party is
26 entitled to payment of the security, less applicable clerk's
27 fees.
28 4. A wrecker operator's lien expires 5 years after
29 filing.
30 (d) Upon discharge of the amount of the wrecker
31 operator's lien allowed by paragraph (b), the wrecker operator
8
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 must issue a certificate of discharged wrecker operator's lien
2 on forms provided by the department to each registered owner
3 of the vehicle, vessel, or mobile home attesting that the
4 amount of the wrecker operator's lien allowed by paragraph (b)
5 has been discharged. Upon presentation of the certificate of
6 discharged wrecker operator's lien by the registered owner,
7 the department shall immediately remove the registered owner's
8 name from the list of those persons who may not be issued a
9 license plate or revalidation sticker for any motor vehicle
10 under s. 320.03(8), thereby allowing issuance of a license
11 plate or revalidation sticker. Issuance of a certificate of
12 discharged wrecker operator's lien under this paragraph does
13 not discharge the entire amount of the wrecker operator's lien
14 claimed under subsection (2), but only certifies to the
15 department that the amount of the wrecker operator's lien
16 allowed by paragraph (b), for which the department will
17 prevent issuance of a license plate or revalidation sticker,
18 has been discharged.
19 (e) When a wrecker operator files a notice of wrecker
20 operator's lien under this subsection, the department shall
21 charge the wrecker operator a fee of $2, which shall be
22 deposited into the Florida Motor Vehicle Theft Prevention
23 Trust Fund established under s. 860.158. A service charge of
24 $2.50 shall be collected and retained by the tax collector who
25 processes a notice of wrecker operator's lien.
26 (f) This subsection applies only to the annual renewal
27 in the registered owner's birth month of a motor vehicle
28 registration and does not apply to the transfer of a
29 registration of a motor vehicle sold by a motor vehicle dealer
30 licensed under chapter 320, except for the transfer of
31 registrations which is inclusive of the annual renewals. This
9
9:16 AM 05/03/01 s2044c1c-16m0a
SENATE AMENDMENT
Bill No. CS for SB 2044
Amendment No. ___ Barcode 260936
1 subsection does not affect the issuance of the title to a
2 motor vehicle, notwithstanding s. 319.23(7)(b).
3 (g) The Department of Highway Safety and Motor
4 Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54
5 to implement this subsection.
6 Section 3. This act shall take effect July 1, 2001.
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 Delete everything before the enacting clause
12
13 and insert:
14 A bill to be entitled
15 An act relating to wrecker liens; amending s.
16 320.03, F.S.; including a cross-reference;
17 providing that the term "civil penalties and
18 fines" does not include reference to a wrecker
19 operator's lien; amending s. 713.78, F.S.;
20 revising requirements for the sale of an
21 unclaimed vehicle or vessel; providing that the
22 Department of Highway Safety and Motor Vehicles
23 shall not issue a license plate or revalidation
24 sticker for certain motor vehicles, vessels, or
25 motor homes for which a wrecker operator's lien
26 has been issued; providing procedures with
27 respect to such liens; providing an effective
28 date.
29
30
31
10
9:16 AM 05/03/01 s2044c1c-16m0a