SENATE AMENDMENT
    Bill No. CS for SB 2044
    Amendment No. 1   Barcode 872888
                            CHAMBER ACTION
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11  The Committee on Judiciary recommended the following amendment
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (8) of section 320.03, Florida
19  Statutes, is amended to read:
20         320.03  Registration; duties of tax collectors;
21  International Registration Plan.--
22         (8)  If the applicant's name appears on the list
23  referred to in s. 316.1001(4), or s. 316.1967(6), or s.
24  713.78(13) a license plate or revalidation sticker may not be
25  issued until that person's name no longer appears on the list
26  or until the person presents a receipt from the clerk showing
27  that the fines outstanding have been paid. The tax collector
28  and the clerk of the court are each entitled to receive
29  monthly, as costs for implementing and administering this
30  subsection, 10 percent of the civil penalties and fines
31  recovered from such persons. As used in this subsection, the
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    5:17 PM   04/18/01                                 s2044.ju.01

SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 term "civil penalties and fines" does not include a wrecker 2 operator's lien as described in s. 713.78(13). If the tax 3 collector has private tag agents, such tag agents are entitled 4 to receive a pro rata share of the amount paid to the tax 5 collector, based upon the percentage of license plates and 6 revalidation stickers issued by the tag agent compared to the 7 total issued within the county. The authority of any private 8 agent to issue license plates shall be revoked, after notice 9 and a hearing as provided in chapter 120, if he or she issues 10 any license plate or revalidation sticker contrary to the 11 provisions of this subsection. This section applies only to 12 the annual renewal in the owner's birth month of a motor 13 vehicle registration and does not apply to the transfer of a 14 registration of a motor vehicle sold by a motor vehicle dealer 15 licensed under this chapter, except for the transfer of 16 registrations which is inclusive of the annual renewals. This 17 section does not affect the issuance of the title to a motor 18 vehicle, notwithstanding s. 319.23(7)(b). 19 Section 2. Paragraph (b) of subsection (4) and 20 subsection (6) are amended, and subsection (13) is added to 21 section 713.78, Florida Statutes, to read: 22 713.78 Liens for recovering, towing, or storing 23 vehicles and documented vessels.-- 24 (4) 25 (b) Notice by certified mail, return receipt 26 requested, shall be sent within 7 business days after the date 27 of storage of the vehicle or vessel to the registered owner 28 and to all persons of record claiming a lien against the 29 vehicle or vessel. It shall state the fact of possession of 30 the vehicle or vessel, that a lien as provided in subsection 31 (2) is claimed, that charges have accrued and the amount 2 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 thereof, that the lien is subject to enforcement pursuant to 2 law, and that the owner or lienholder, if any, has the right 3 to a hearing as set forth in subsection (5), and that any 4 vehicle or vessel which remains unclaimed, or for which the 5 charges for recovery, towing, or storage services remain 6 unpaid, may be sold after 35 days free of all prior liens 7 after 35 days if the vehicle or vessel is more than 3 years of 8 age or after 50 days if the vehicle or vessel is 3 years of 9 age or less. 10 (6) Any vehicle or vessel which is stored pursuant to 11 subsection (2) and which remains unclaimed, or for which 12 reasonable charges for recovery, towing, or storing remain 13 unpaid or for which a lot rental amount is due and owing to 14 the mobile home park owner, as evidenced by a judgment for 15 unpaid rent, and any contents not released pursuant to 16 subsection (10), may be sold by the owner or operator of the 17 storage space for such towing or storage charge or unpaid lot 18 rental amount after 35 days following from the time the 19 vehicle or vessel is stored therein if the vehicle or vessel 20 is more than 3 years of age or after 50 days following the 21 time the vehicle or vessel is stored therein if the vehicle or 22 vessel is 3 years of age or less. The sale shall be at public 23 auction for cash. If the date of the sale was not included in 24 the notice required in subsection (4), notice of the sale 25 shall be given to the person in whose name the vehicle, 26 vessel, or mobile home is registered, to the mobile home park 27 owner, and to all persons claiming a lien on the vehicle or 28 vessel as shown on the records of the Department of Highway 29 Safety and Motor Vehicles or of the corresponding agency in 30 any other state. Notice shall be sent by certified mail, 31 return receipt requested, to the owner of the vehicle or 3 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 vessel and the person having the recorded lien on the vehicle 2 or vessel at the address shown on the records of the 3 registering agency and shall be mailed not less than 15 days 4 before the date of the sale. After diligent search and 5 inquiry, if the name and address of the registered owner or 6 the owner of the recorded lien cannot be ascertained, the 7 requirements of notice by mail may be dispensed with. In 8 addition to the notice by mail, public notice of the time and 9 place of sale shall be made by publishing a notice thereof one 10 time, at least 10 days prior to the date of the sale, in a 11 newspaper of general circulation in the county in which the 12 sale is to be held. The proceeds of the sale, after payment 13 of reasonable towing and storage charges, costs of the sale, 14 and the unpaid lot rental amount, in that order of priority, 15 shall be deposited with the clerk of the circuit court for the 16 county if the owner is absent, and the clerk shall hold such 17 proceeds subject to the claim of the person legally entitled 18 thereto. The clerk shall be entitled to receive 5 percent of 19 such proceeds for the care and disbursement thereof. The 20 certificate of title issued under this law shall be discharged 21 of all liens unless otherwise provided by court order. 22 (13)(a) Upon receipt by the Department of Highway 23 Safety and Motor Vehicles of written notice from a wrecker 24 operator who claims a wrecker operator's lien under paragraph 25 (2)(c) or paragraph (2)(d) for recovery, towing, or storage of 26 a vehicle, vessel, or mobile home, upon instructions from any 27 law enforcement agency, for which a certificate of destruction 28 has been issued under subsection (11), the department shall 29 place the name of the registered owner of that vehicle, 30 vessel, or mobile home on the list of those persons who may 31 not be issued a license plate or revalidation sticker for any 4 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 motor vehicle under s. 320.03(8). If the vehicle, vessel, or 2 mobile home is owned jointly by more than one person, the name 3 of each registered owner shall be placed on the list. The 4 notice of wrecker operator's lien shall be submitted on forms 5 provided by the department, which must include: 6 1. The name, address, and telephone number of the 7 wrecker operator. 8 2. The name of the registered owner of the vehicle, 9 vessel, or mobile home and the address to which the wrecker 10 operator provided notice of the lien to the registered owner 11 under subsection (4). 12 3. A general description of the vehicle, vessel, or 13 mobile home, including its color, make, model, body style, and 14 year. 15 4. The vehicle identification number (VIN); 16 registration license plate number, state, and year; validation 17 decal number, state, and year; mobile home sticker number, 18 state, and year; vessel registration number; hull 19 identification number; or other identification number, as 20 applicable. 21 5. The name of the person or the corresponding law 22 enforcement agency that requested that the vehicle, vessel, or 23 mobile home be recovered, towed, or stored. 24 6. The amount of the wrecker operator's lien, not to 25 exceed the amount allowed by paragraph (b). 26 (b) For purposes of this subsection only, the amount 27 of the wrecker operator's lien for which the department will 28 prevent issuance of a license plate or revalidation sticker 29 may not exceed the amount of the charges for recovery, towing, 30 and storage of the vehicle, vessel, or mobile home for 7 days. 31 These charges may not exceed the maximum rates imposed by the 5 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 ordinances of the respective county or municipality under ss. 2 125.0103(1)(c) and 166.043(1)(c). This paragraph does not 3 limit the amount of a wrecker operator's lien claimed under 4 subsection (2) or prevent a wrecker operator from seeking 5 civil remedies for enforcement of the entire amount of the 6 lien, but limits only that portion of the lien for which the 7 department will prevent issuance of a license plate or 8 revalidation sticker. 9 (c)1. The registered owner of a vehicle, vessel, or 10 mobile home may dispute a wrecker operator's lien, by 11 notifying the department of the dispute in writing on forms 12 provided by the department, if at least one of the following 13 applies: 14 a. The registered owner presents a notarized bill of 15 sale proving that the vehicle, vessel, or mobile home was sold 16 in a private or casual sale before the vehicle, vessel, or 17 mobile home was recovered, towed, or stored. 18 b. The registered owner presents proof that the 19 Florida certificate of title of the vehicle, vessel, or mobile 20 home was sold to a licensed dealer as defined in s. 319.001 21 before the vehicle, vessel, or mobile home was recovered, 22 towed, or stored. 23 24 If the registered owner's dispute of a wrecker operator's lien 25 complies with one of these criteria, the department shall 26 immediately remove the registered owner's name from the list 27 of those persons who may not be issued a licensed plate or 28 revalidation sticker for any motor vehicle under s. 320.03(8), 29 thereby allowing issuance of a license plate or revalidation 30 sticker. If the vehicle, vessel, or mobile home is owned 31 jointly by more than one person, each registered owner must 6 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 dispute the wrecker operator's lien in order to be removed 2 from the list. However, the department shall deny any dispute 3 and maintain the registered owner's name on the list of those 4 persons who may not be issued a license plate or revalidation 5 sticker for any motor vehicle under s. 320.03(8) if the 6 wrecker operator has provided the department with a certified 7 copy of the judgment of a court which orders the registered 8 owner to pay the wrecker operator's lien claimed under this 9 section. In such a case, the amount of the wrecker operator's 10 lien allowed by paragraph (b) may be increased to include no 11 more than $500 of the reasonable costs and attorney's fees 12 incurred in obtaining the judgment. The department's action 13 under this subparagraph is ministerial in nature, shall not be 14 considered final agency action, and is appealable only to the 15 county court for the county in which the vehicle, vessel, or 16 mobile home was ordered removed. 17 2. A person against whom a wrecker operator's lien has 18 been imposed may alternatively obtain a discharge of the lien 19 by filing a complaint challenging the validity of the lien or 20 the amount thereof in the county court of the county in which 21 the vehicle, vessel, or mobile home was ordered removed. Upon 22 filing of the complaint, the person may have her or his name 23 removed from the list of those persons who may not be issued a 24 licensed plate or revalidation sticker for any motor vehicle 25 under s. 320.03(8), thereby allowing issuance of a license 26 plate or revalidation sticker, upon posting with the court a 27 cash or surety bond or other adequate security equal to the 28 amount of the wrecker operator's lien to ensure the payment of 29 such lien in the event she or he does not prevail. Upon the 30 posting of the bond and the payment of the applicable fee set 31 forth in s. 28.24, the clerk of the court shall issue a 7 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 certificate notifying the department of the posting of the 2 bond and directing the department to release the wrecker 3 operator's lien. Upon determining the respective rights of the 4 parties, the court may award damages and costs in favor of the 5 prevailing party. 6 3. If a person against whom a wrecker operator's lien 7 has been imposed does not object to the lien, but cannot 8 discharge the lien by payment because the wrecker operator has 9 moved or gone out of business, the person may have her or his 10 name removed from the list of those persons who may not be 11 issued a licensed plate or revalidation sticker for any motor 12 vehicle under s. 320.03(8), thereby allowing issuance of a 13 license plate or revalidation sticker, upon posting with the 14 clerk of court in the county in which the vehicle, vessel, or 15 mobile home was ordered removed, a cash or surety bond or 16 other adequate security equal to the amount of the wrecker 17 operator's lien. Upon the posting of the bond and the payment 18 of the application fee set forth in s. 28.24, the clerk of the 19 court shall issue a certificate notifying the department of 20 the posting of the bond and directing the department to 21 release the wrecker operator's lien. The department shall mail 22 to the wrecker operator, at the address upon the lien form, 23 notice that the wrecker operator must claim the security 24 within 60 days, or the security will be released back to the 25 person who posted it. At the conclusion of the 60 days, the 26 department shall direct the clerk as to which party is 27 entitled to payment of the security, less applicable clerk's 28 fees. 29 4. A wrecker operator's lien expires 5 years after 30 filing. 31 (d) Upon discharge of the amount of the wrecker 8 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 operator's lien allowed by paragraph (b), the wrecker operator 2 must issue a certificate of discharged wrecker operator's lien 3 on forms provided by the department to each registered owner 4 of the vehicle, vessel, or mobile home attesting that the 5 amount of the wrecker operator's lien allowed by paragraph (b) 6 has been discharged. Upon presentation of the certificate of 7 discharged wrecker operator's lien by the registered owner, 8 the department shall immediately remove the registered owner's 9 name from the list of those persons who may not be issued a 10 license plate or revalidation sticker for any motor vehicle 11 under s. 320.03(8), thereby allowing issuance of a license 12 plate or revalidation sticker. Issuance of a certificate of 13 discharged wrecker operator's lien under this paragraph does 14 not discharge the entire amount of the wrecker operator's lien 15 claimed under subsection (2), but only certifies to the 16 department that the amount of the wrecker operator's lien 17 allowed by paragraph (b), for which the department will 18 prevent issuance of a license plate or revalidation sticker, 19 has been discharged. 20 (e) When a wrecker operator files a notice of wrecker 21 operator's lien under this subsection, the department shall 22 charge the wrecker operator a fee of $2, which shall be 23 deposited into the Florida Motor Vehicle Theft Prevention 24 Trust Fund established under s. 860.158. A service charge of 25 $2.50 shall be collected and retained by the tax collector who 26 processes a notice of wrecker operator's lien. 27 (f) This subsection applies only to the annual renewal 28 in the registered owner's birth month of a motor vehicle 29 registration and does not apply to the transfer of a 30 registration of a motor vehicle sold by a motor vehicle dealer 31 licensed under chapter 320, except for the transfer of 9 5:17 PM 04/18/01 s2044.ju.01
SENATE AMENDMENT Bill No. CS for SB 2044 Amendment No. 1 Barcode 872888 1 registrations which is inclusive of the annual renewals. This 2 subsection does not affect the issuance of the title to a 3 motor vehicle, notwithstanding s. 319.23(7)(b). 4 (g) The Department of Highway Safety and Motor 5 Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54 6 to implement this subsection. 7 Section 3. This act shall take effect July 1, 2001. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 Delete everything before the enacting clause 13 14 and insert: 15 A bill to be entitled 16 An act relating to wrecker liens; amending s. 17 320.03, F.S.; including a cross-reference; 18 providing that the term "civil penalties and 19 fines" does not include reference to a wrecker 20 operator's lien; amending s. 713.78, F.S.; 21 revising requirements for the sale of an 22 unclaimed vehicle or vessel; providing that the 23 Department of Highway Safety and Motor Vehicles 24 shall not issue a license plate or revalidation 25 sticker for certain motor vehicles, vessels, or 26 motor homes for which a wrecker operator's lien 27 has been issued; providing procedures with 28 respect to such liens; providing an effective 29 date. 30 31 10 5:17 PM 04/18/01 s2044.ju.01