Senate Bill sb2044
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Florida Senate - 2001 SB 2044
By Senator Burt
16-774A-01
1 A bill to be entitled
2 An act relating to motor vehicles, vessels, and
3 mobile homes; amending s. 320.03, F.S.;
4 prohibiting the issuance of license plates or
5 revalidation stickers to persons against whom a
6 wrecker operator's lien has been filed;
7 amending s. 713.78, F.S.; providing procedures
8 for wrecker operators to notify the department
9 of the existence of a wrecker operator's lien
10 and providing procedures for the discharge of
11 such liens; providing for fees and service
12 charges; requiring the department to maintain a
13 list of persons against whom such liens are
14 filed and prohibiting the issuance of license
15 plates or revalidation stickers to such
16 persons; providing guidelines and providing for
17 the adoption of rules; creating s. 328.25,
18 F.S.; requiring the seller of a vessel to
19 notify the Department of Highway Safety and
20 Motor Vehicles of the sale of the vessel;
21 providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Subsection (8) of section 320.03, Florida
26 Statutes, is amended to read:
27 320.03 Registration; duties of tax collectors;
28 International Registration Plan.--
29 (8) If the applicant's name appears on the list
30 referred to in s. 316.1001(4), or s. 316.1967(6), or s.
31 713.78(13), a license plate or revalidation sticker may not be
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Florida Senate - 2001 SB 2044
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1 issued until that person's name no longer appears on the list
2 or until the person presents a receipt from the clerk showing
3 that the fines outstanding have been paid. The tax collector
4 and the clerk of the court are each entitled to receive
5 monthly, as costs for implementing and administering this
6 subsection, 10 percent of the civil penalties and fines
7 recovered from such persons, excluding wrecker operators'
8 liens under s. 713.78(13). If the tax collector has private
9 tag agents, such tag agents are entitled to receive a pro rata
10 share of the amount paid to the tax collector, based upon the
11 percentage of license plates and revalidation stickers issued
12 by the tag agent compared to the total issued within the
13 county. The authority of any private agent to issue license
14 plates shall be revoked, after notice and a hearing as
15 provided in chapter 120, if he or she issues any license plate
16 or revalidation sticker contrary to the provisions of this
17 subsection. This section applies only to the annual renewal in
18 the owner's birth month of a motor vehicle registration and
19 does not apply to the transfer of a registration of a motor
20 vehicle sold by a motor vehicle dealer licensed under this
21 chapter, except for the transfer of registrations which is
22 inclusive of the annual renewals. This section does not affect
23 the issuance of the title to a motor vehicle, notwithstanding
24 s. 319.23(7)(b).
25 Section 2. Subsection (13) is added to section 713.78,
26 Florida Statutes, to read:
27 713.78 Liens for recovering, towing, or storing
28 vehicles and documented vessels.--
29 (13)(a) Upon receipt by the Department of Highway
30 Safety and Motor Vehicles of written notice from a wrecker
31 operator who claims a wrecker operator's lien under paragraph
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Florida Senate - 2001 SB 2044
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1 (2)(c) for the recovery, towing, or storage of a vehicle,
2 vessel, or mobile home, upon instructions from any law
3 enforcement agency, for which a certificate of destruction has
4 been issued under subsection (11), the department shall place
5 the name of all registered owners of that property on the list
6 of those persons who may not be issued a license plate or
7 revalidation sticker for a motor vehicle under s. 320.03(8).
8 The notice of wrecker operator's lien must be submitted on
9 forms provided by the department, which must include the
10 following information concerning the vehicle, vessel, or
11 mobile home:
12 1. The name, address, and telephone number of the
13 wrecker operator.
14 2. The name of all registered owners of the property
15 and the address to which the wrecker operator provided notice
16 pursuant to subsection (4).
17 3. A general description of the property, including
18 the color, make, model, body style, and year.
19 4. The vehicle identification number (VIN);
20 registration license plate number, state, and year; validation
21 decal number, state, and year; mobile home sticker number,
22 state, and year; vessel registration number; hull
23 identification number; or other identification number, as
24 applicable.
25 5. The name of the person and the corresponding law
26 enforcement agency that requested the property to be
27 recovered, towed, or stored.
28 6. The amount of the wrecker operator's lien.
29 (b) The amount of the wrecker operator's lien that
30 will prevent the issuance of a license plate or revalidation
31 sticker may not exceed the amount of the charges for recovery,
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Florida Senate - 2001 SB 2044
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1 towing, and storage of the property for 7 days. The charges
2 may not exceed the maximum rates imposed by ordinance of the
3 respective county or municipality under ss. 125.0103(1)(c) and
4 166.043(1)(c). This paragraph does not limit the amount of a
5 wrecker operator's lien claimed under subsection (2) or
6 prevent a wrecker operator from from seeking civil remedies
7 for enforcement of the entire amount of the lien.
8 (c)1. The registered owner of the property may dispute
9 a wrecker operator's lien, by notifying the department on
10 departmental forms and attaching:
11 a. A notarized bill of sale providing that the
12 vehicle, vessel, or mobile home was sold in a private or
13 casual sale before it was recovered, towed, or stored;
14 b. Proof that the Florida certificate of title was
15 sold to a licensed dealer as defined in s. 319.001 before the
16 vehicle, vessel, or mobile home was recovered, towed, or
17 stored.
18 c. Proof that the registered owner submitted to the
19 department a notice of transfer of the certificate of title
20 under s. 319.227 or s. 328.25 before the vehicle, vessel, or
21 mobile home was recovered, towed, or stored.
22 2. If the owner's proof is satisfactory, the
23 department shall immediately allow the issuance of a license
24 plate or revalidation sticker.
25 3. If the wrecker operator submits a certified copy of
26 a court order that requires the owner to pay the wrecker
27 operator's lien, the license plate or revalidation sticker may
28 not be issued. However, the wrecker operator's lien may be
29 increased to include no more than $500 of reasonable costs and
30 attorney's fees incurred in obtaining the judgment.
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1 (d) Upon discharge of the lien, the wrecker operator
2 must issue a certificate of discharged wrecker operator's lien
3 on departmental forms to each registered owner of the vehicle,
4 vessel, or mobile home attesting that the lien has been
5 discharged. Upon receipt of the certificate of discharged
6 lien, the department shall issue a license plate or
7 revalidation sticker to the owner upon request.
8 (e) The department shall charge a fee of $2 to file a
9 notice of wrecker operator's lien, $1 of which shall be
10 deposited into the Florida Motor Vehicle Theft Prevention
11 Trust Fund and $1 of which shall be retained by the department
12 to defray the operating costs of implementing this section. A
13 service charge of $2.50 shall be charged by the tax collector
14 who processes the notice.
15 (f) This subsection applies only to the annual renewal
16 in the regisfered owner's birth month and does not apply to
17 the transfer of a registration of a motor vehicle sold by a
18 motor vehicle dealer, except for the transfer of registrations
19 which is inclusive of the annual renewals. This subsection
20 does not affect the issuance of the title to a motor vehicle,
21 notwithstanding s. 319.23(7)(b).
22 (g) The Department of Highway Safety and Motor
23 Vehicles may adopt rules necessary to administer this
24 subsection.
25 Section 3. Section 328.25, Florida Statutes, is
26 created to read:
27 328.25 Notice of transfer of vessel.--The seller of a
28 vessel must notify the Department of Highway Safety and Motor
29 Vehicles within 30 days after transferring by assignment of
30 and delivery of a Florida certificate of title. The notice
31 must be submitted on departmental forms that include:
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Florida Senate - 2001 SB 2044
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1 certificate of title number; name and address of each seller;
2 name and address of each purchaser; a general description of
3 the vessel, including its make, length, and type of
4 propulsion; its hull identification number; its vessel
5 registration number; and its selling price.
6 Section 4. This act shall take effect July 1, 2001.
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9 SENATE SUMMARY
10 Revises provisions relating to the private sale of motor
vehicles, motor homes, or vessels. Prohibits the issuance
11 of a license plate or revalidation stickers to a person
against whom a wrecker operator's lien has been filed.
12 Provides procedures for the creation and discharge of
such liens. Provides for the adoption of rules. (See bill
13 for details.)
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