HOUSE AMENDMENT
Bill No. HB 757
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Council for Smarter Government offered the following:
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13 Amendment to Amendment (751657)
14 On page 2, lines 21 -24
15 remove from the amendment: all of said lines
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17 and insert in lieu thereof:
18 Section 2. Subsections (4)(b) and (6) of section
19 713.78, Florida Statutes, is amended, and subsection (13) is
20 added to said section to read:
21 713.78 Liens for recovering, towing, or storing
22 vehicles and documented vessels.--
23 (4)(b) Notice by certified mail, return receipt
24 requested, shall be sent within 7 business days after the date
25 of storage of the vehicle or vessel to the registered owner
26 and to all persons of record claiming a lien against the
27 vehicle or vessel. It shall state the fact of possession of
28 the vehicle or vessel, that a lien as provided in subsection
29 (2) is claimed, that charges have accrued and the amount
30 thereof, that the lien is subject to enforcement pursuant to
31 law, and that the owner or lienholder, if any, has the right
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File original & 9 copies 04/13/01
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HOUSE AMENDMENT
Bill No. HB 757
Amendment No. 01 (for drafter's use only)
1 to a hearing as set forth in subsection (5), and that any
2 vehicle or vessel which remains unclaimed, or for which the
3 charges for recovery, towing, or storage services remain
4 unpaid, may be sold after 35 days free of all prior liens
5 after 35 days if the vehicle or vessel is more than 3 years of
6 age and after 50 days if the vehicle or vessel is 3 years of
7 age or less.
8 (6) Any vehicle or vessel which is stored pursuant to
9 subsection (2) and which remains unclaimed, or for which
10 reasonable charges for recovery, towing, or storing remain
11 unpaid or for which a lot rental amount is due and owing to
12 the mobile home park owner, as evidenced by a judgment for
13 unpaid rent, and any contents not released pursuant to
14 subsection (10), may be sold by the owner or operator of the
15 storage space for such towing or storage charge or unpaid lot
16 rental amount after 35 days from the time the vehicle or
17 vessel is stored therein if the vehicle or vessel is more than
18 3 years of age and after 50 days from the time the vehicle or
19 vessel is stored therein if the vehicle or vessel is 3 years
20 of age or less. The sale shall be at public auction for cash.
21 If the date of the sale was not included in the notice
22 required in subsection (4), notice of the sale shall be given
23 to the person in whose name the vehicle, vessel, or mobile
24 home is registered, to the mobile home park owner, and to all
25 persons claiming a lien on the vehicle or vessel as shown on
26 the records of the Department of Highway Safety and Motor
27 Vehicles or of the corresponding agency in any other state.
28 Notice shall be sent by certified mail, return receipt
29 requested, to the owner of the vehicle or vessel and the
30 person having the recorded lien on the vehicle or vessel at
31 the address shown on the records of the registering agency and
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File original & 9 copies 04/13/01
hjc0003 04:02 pm 00757-sgc -120365
HOUSE AMENDMENT
Bill No. HB 757
Amendment No. 01 (for drafter's use only)
1 shall be mailed not less than 15 days before the date of the
2 sale. After diligent search and inquiry, if the name and
3 address of the registered owner or the owner of the recorded
4 lien cannot be ascertained, the requirements of notice by mail
5 may be dispensed with. In addition to the notice by mail,
6 public notice of the time and place of sale shall be made by
7 publishing a notice thereof one time, at least 10 days prior
8 to the date of the sale, in a newspaper of general circulation
9 in the county in which the sale is to be held. The proceeds
10 of the sale, after payment of reasonable towing and storage
11 charges, costs of the sale, and the unpaid lot rental amount,
12 in that order of priority, shall be deposited with the clerk
13 of the circuit court for the county if the owner is absent,
14 and the clerk shall hold such proceeds subject to the claim of
15 the person legally entitled thereto. The clerk shall be
16 entitled to receive 5 percent of such proceeds for the care
17 and disbursement thereof. The certificate of title issued
18 under this law shall be discharged of all liens unless
19 otherwise provided by court order.
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File original & 9 copies 04/13/01
hjc0003 04:02 pm 00757-sgc -120365