HOUSE AMENDMENT
                                                   Bill No. HB 757   Barcode 751657
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Judicial Oversight offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
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18  Be It Enacted by the Legislature of the State of Florida:
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20         Section 1.  Subsection (8) of section 320.03, Florida
21  Statutes, is amended to read:
22         320.03  Registration; duties of tax collectors;
23  International Registration Plan.--
24         (8)  If the applicant's name appears on the list
25  referred to in s. 316.1001(4), or s. 316.1967(6), or s.
26  713.78(13), a license plate or revalidation sticker may not be
27  issued until that person's name no longer appears on the list
28  or until the person presents a receipt from the clerk showing
29  that the fines outstanding have been paid. The tax collector
30  and the clerk of the court are each entitled to receive
31  monthly, as costs for implementing and administering this
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    File original & 9 copies    03/27/01                          
    hjo0006                     11:25 am         00757-jo  -751657

HOUSE AMENDMENT Bill No. HB 757 Barcode 751657 Amendment No. 1 (for drafter's use only) 1 subsection, 10 percent of the civil penalties and fines 2 recovered from such persons. As used in this subsection, the 3 term "civil penalties and fines" does not include a wrecker 4 operator's lien as described in s. 713.78(13). If the tax 5 collector has private tag agents, such tag agents are entitled 6 to receive a pro rata share of the amount paid to the tax 7 collector, based upon the percentage of license plates and 8 revalidation stickers issued by the tag agent compared to the 9 total issued within the county. The authority of any private 10 agent to issue license plates shall be revoked, after notice 11 and a hearing as provided in chapter 120, if he or she issues 12 any license plate or revalidation sticker contrary to the 13 provisions of this subsection. This section applies only to 14 the annual renewal in the owner's birth month of a motor 15 vehicle registration and does not apply to the transfer of a 16 registration of a motor vehicle sold by a motor vehicle dealer 17 licensed under this chapter, except for the transfer of 18 registrations which is inclusive of the annual renewals. This 19 section does not affect the issuance of the title to a motor 20 vehicle, notwithstanding s. 319.23(7)(b). 21 Section 2. Subsection (13) is added to section 713.78, 22 Florida Statutes, to read: 23 713.78 Liens for recovering, towing, or storing 24 vehicles and documented vessels.-- 25 (13)(a) Upon receipt by the Department of Highway 26 Safety and Motor Vehicles of written notice from a wrecker 27 operator who claims a wrecker operator's lien under paragraph 28 (2)(c) for recovery, towing, or storage of a vehicle, vessel, 29 or mobile home, upon instructions from any law enforcement 30 agency, for which a certificate of destruction has been issued 31 under subsection (11), the department shall place the name of 2 File original & 9 copies 03/27/01 hjo0006 11:25 am 00757-jo -751657
HOUSE AMENDMENT Bill No. HB 757 Barcode 751657 Amendment No. 1 (for drafter's use only) 1 the registered owner of that vehicle, vessel, or mobile home 2 on the list of those persons who may not be issued a license 3 plate or revalidation sticker for any motor vehicle under s. 4 320.03(8). If the vehicle, vessel, or mobile home is owned 5 jointly by more than one person, the name of each registered 6 owner shall be placed on the list. The notice of wrecker 7 operator's lien shall be submitted on forms provided by the 8 department, which must include: 9 1. The name, address, and telephone number of the 10 wrecker operator. 11 2. The name of the registered owner of the vehicle, 12 vessel, or mobile home and the address to which the wrecker 13 operator provided notice of the lien to the registered owner 14 under subsection (4). 15 3. A general description of the vehicle, vessel, or 16 mobile home, including its color, make, model, body style, and 17 year. 18 4. The vehicle identification number (VIN); 19 registration license plate number, state, and year; validation 20 decal number, state, and year; mobile home sticker number, 21 state, and year; vessel registration number; hull 22 identification number; or other identification number, as 23 applicable. 24 5. The name of the person and the corresponding law 25 enforcement agency that requested that the vehicle, vessel, or 26 mobile home be recovered, towed, or stored. 27 6. The amount of the wrecker operator's lien, not to 28 exceed the amount allowed by paragraph (b). 29 (b) For purposes of this subsection only, the amount 30 of the wrecker operator's lien for which the department will 31 prevent issuance of a license plate or revalidation sticker 3 File original & 9 copies 03/27/01 hjo0006 11:25 am 00757-jo -751657
HOUSE AMENDMENT Bill No. HB 757 Barcode 751657 Amendment No. 1 (for drafter's use only) 1 may not exceed the amount of the charges for recovery, towing, 2 and storage of the vehicle, vessel, or mobile home for 7 days. 3 These charges may not exceed the maximum rates imposed by the 4 ordinances of the respective county or municipality under ss. 5 125.0103(1)(c) and 166.043(1)(c). This paragraph does not 6 limit the amount of a wrecker operator's lien claimed under 7 subsection (2) or prevent a wrecker operator from seeking 8 civil remedies for enforcement of the entire amount of the 9 lien, but limits only that portion of the lien for which the 10 department will prevent issuance of a license plate or 11 revalidation sticker. 12 (c)1. The registered owner of a vehicle, vessel, or 13 mobile home may dispute a wrecker operator's lien, by 14 notifying the department of the dispute in writing on forms 15 provided by the department, if at least one of the following 16 applies: 17 a. The registered owner presents a notarized bill of 18 sale proving that the vehicle, vessel, or mobile home was sold 19 in a private or casual sale before the vehicle, vessel, or 20 mobile home was recovered, towed, or stored. 21 b. The registered owner presents proof that the 22 Florida certificate of title of the vehicle, vessel, or mobile 23 home was sold to a licensed dealer as defined in s. 319.001 24 before the vehicle, vessel, or mobile home was recovered, 25 towed, or stored. 26 27 If the registered owner's dispute of a wrecker operator's lien 28 complies with one of these criteria, the department shall 29 immediately remove the registered owner's name from the list 30 of those persons who may not be issued a licensed plate or 31 revalidation sticker for any motor vehicle under s. 320.03(8), 4 File original & 9 copies 03/27/01 hjo0006 11:25 am 00757-jo -751657
HOUSE AMENDMENT Bill No. HB 757 Barcode 751657 Amendment No. 1 (for drafter's use only) 1 thereby allowing issuance of a license plate or revalidation 2 sticker. If the vehicle, vessel, or mobile home is owned 3 jointly by more than one person, each registered owner must 4 dispute the wrecker operator's lien in order to be removed 5 from the list. However, the department shall deny any dispute 6 and maintain the registered owner's name on the list of those 7 persons who may not be issued a license plate or revalidation 8 sticker for any motor vehicle under s. 320.03(8) if the 9 wrecker operator has provided the department with a certified 10 copy of the judgment of a court which orders the registered 11 owner to pay the wrecker operator's lien claimed under this 12 section. In such a case, the amount of the wrecker operator's 13 lien allowed by paragraph (b) may be increased to include no 14 more than $500 of the reasonable costs and attorney's fees 15 incurred in obtaining the judgment. The department's action 16 under this subparagraph is ministerial in nature, shall not be 17 considered final agency action, and is appealable only to the 18 county court for the county in which the vehicle, vessel, or 19 mobile home was ordered removed. 20 2. A person against whom a wrecker operator's lien has 21 been imposed may alternatively obtain a discharge of the lien 22 by filing a complaint, challenging the validity of the lien or 23 the amount thereof, in the county court of the county in which 24 the vehicle, vessel, or mobile home was ordered removed. Upon 25 filing of the complaint, the person may have her or his name 26 removed from the list of those persons who may not be issued a 27 licensed plate or revalidation sticker for any motor vehicle 28 under s. 320.03(8), thereby allowing issuance of a license 29 plate or revalidation sticker, upon posting with the court a 30 cash or surety bond or other adequate security equal to the 31 amount of the wrecker operator's lien to ensure the payment of 5 File original & 9 copies 03/27/01 hjo0006 11:25 am 00757-jo -751657
HOUSE AMENDMENT Bill No. HB 757 Barcode 751657 Amendment No. 1 (for drafter's use only) 1 such lien in the event she or he does not prevail. Upon the 2 posting of the bond and the payment of the applicable fee set 3 forth in s. 28.24, the clerk of the court shall issue a 4 certificate notifying the department of the posting of the 5 bond and directing the department to release the wrecker 6 operator's lien. Upon determining the respective rights of 7 the parties, the court may award damages and costs in favor of 8 the prevailing party. 9 3. If a person against whom a wrecker operator's lien 10 has been imposed does not object to the lien, but cannot 11 discharge the lien by payment because the wrecker operator has 12 moved or gone out of business, the person may have her or his 13 name removed from the list of those persons who may not be 14 issued a licensed plate or revalidation sticker for any motor 15 vehicle under s. 320.03(8), thereby allowing issuance of a 16 license plate or revalidation sticker, upon posting with the 17 clerk of court in the county in which the vehicle, vessel, or 18 mobile home was ordered removed, a cash or surety bond or 19 other adequate security equal to the amount of the wrecker 20 operator's lien. Upon the posting of the bond and the 21 payment of the application fee set forth in s. 28.24, the 22 clerk of the court shall issue a certificate notifying the 23 department of the posting of the bond and directing the 24 department to release the wrecker operator's lien. The 25 department shall mail to the wrecker operator, at the address 26 upon the lien form, notice that the wrecker operator must 27 claim the security within 60 days, or the security will be 28 released back to the person who posted it. At the conclusion 29 of the 60 days, the department shall direct the clerk as to 30 which party is entitled to payment of the security, less 31 applicable clerk's fees. 6 File original & 9 copies 03/27/01 hjo0006 11:25 am 00757-jo -751657
HOUSE AMENDMENT Bill No. HB 757 Barcode 751657 Amendment No. 1 (for drafter's use only) 1 4. A wrecker operator's lien expires 5 years after 2 filing. 3 (d) Upon discharge of the amount of the wrecker 4 operator's lien allowed by paragraph (b), the wrecker operator 5 must issue a certificate of discharged wrecker operator's lien 6 on forms provided by the department to each registered owner 7 of the vehicle, vessel, or mobile home attesting that the 8 amount of the wrecker operator's lien allowed by paragraph (b) 9 has been discharged. Upon presentation of the certificate of 10 discharged wrecker operator's lien by the registered owner, 11 the department shall immediately remove the registered owner's 12 name from the list of those persons who may not be issued a 13 license plate or revalidation sticker for any motor vehicle 14 under s. 320.03(8), thereby allowing issuance of a license 15 plate or revalidation sticker. Issuance of a certificate of 16 discharged wrecker operator's lien under this paragraph does 17 not discharge the entire amount of the wrecker operator's lien 18 claimed under subsection (2), but only certifies to the 19 department that the amount of the wrecker operator's lien 20 allowed by paragraph (b), for which the department will 21 prevent issuance of a license plate or revalidation sticker, 22 has been discharged. 23 (e) When a wrecker operator files a notice of wrecker 24 operator's lien under this subsection, the department shall 25 charge the wrecker operator a fee of $2, which shall be 26 deposited into the Florida Motor Vehicle Theft Prevention 27 Trust Fund established under s. 860.158. A service charge of 28 $2.50 shall be collected and retained by the tax collector who 29 processes a notice of wrecker operator's lien. 30 (f) This subsection applies only to the annual renewal 31 in the registered owner's birth month of a motor vehicle 7 File original & 9 copies 03/27/01 hjo0006 11:25 am 00757-jo -751657
HOUSE AMENDMENT Bill No. HB 757 Barcode 751657 Amendment No. 1 (for drafter's use only) 1 registration and does not apply to the transfer of a 2 registration of a motor vehicle sold by a motor vehicle dealer 3 licensed under chapter 320, except for the transfer of 4 registrations which is inclusive of the annual renewals. This 5 subsection does not affect the issuance of the title to a 6 motor vehicle, notwithstanding s. 319.23(7)(b). 7 (g) The Department of Highway Safety and Motor 8 Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54 9 to implement this subsection. 10 Section 3. This act shall take effect July 1, 2001. 11 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, line 2 after "liens;" through line 17, 17 remove from the title of the bill: all of said lines 18 19 and insert in lieu thereof: 20 amending s. 320.03, F.S.; including a cross 21 reference; providing that the term "civil 22 penalties and fines" does not include reference 23 to a wrecker operator's lien; amending s. 24 713.78, F.S.; providing that the Department of 25 Highway Safety and Motor Vehicles shall not 26 issue a license plate or revalidation sticker 27 for certain motor vehicles, vessels, or motor 28 homes for which a wrecker operator's lien has 29 been issued; providing procedures with respect 30 to such liens; providing an effective date. 31 8 File original & 9 copies 03/27/01 hjo0006 11:25 am 00757-jo -751657