SENATE AMENDMENT
    Bill No. HB 757, 2nd Eng.
    Amendment No. ___   Barcode 960988
                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:
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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
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SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 abandoned under s. 705.103, 26 upon instructions from any law enforcement agency, for which a 27 certificate of destruction has been issued under subsection 28 (11), the department shall place the name of the registered 29 owner of that vehicle, vessel, or mobile home on the list of 30 those persons who may not be issued a license plate or 31 revalidation sticker for any motor vehicle under s. 320.03(8). 4 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 1 If the vehicle, vessel, or mobile home is owned jointly by 2 more than one person, the name of each registered owner shall 3 be placed on the list. The notice of wrecker operator's lien 4 shall be submitted on forms provided by the department, which 5 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 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 9:56 AM 05/04/01 h0757c-16m0a
SENATE AMENDMENT Bill No. HB 757, 2nd Eng. Amendment No. ___ Barcode 960988 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 9:56 AM 05/04/01 h0757c-16m0a