House Bill hb0757e2

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                                          HB 757, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to wrecker liens; amending s.

  3         320.03, F.S.; including a cross reference;

  4         providing that the term "civil penalties and

  5         fines" does not include reference to a wrecker

  6         operator's lien; amending s. 713.78, F.S.,

  7         relating to liens; revising conditions for sale

  8         of certain vehicles and vessels; providing that

  9         the Department of Highway Safety and Motor

10         Vehicles shall not issue a license plate or

11         revalidation sticker for certain motor

12         vehicles, vessels, or motor homes for which a

13         wrecker operator's lien has been issued;

14         providing procedures with respect to such

15         liens; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (8) of section 320.03, Florida

20  Statutes, is amended to read:

21         320.03  Registration; duties of tax collectors;

22  International Registration Plan.--

23         (8)  If the applicant's name appears on the list

24  referred to in s. 316.1001(4), or s. 316.1967(6), or s.

25  713.78(13), a license plate or revalidation sticker may not be

26  issued until that person's name no longer appears on the list

27  or until the person presents a receipt from the clerk showing

28  that the fines outstanding have been paid. The tax collector

29  and the clerk of the court are each entitled to receive

30  monthly, as costs for implementing and administering this

31  subsection, 10 percent of the civil penalties and fines


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                                          HB 757, Second Engrossed



  1  recovered from such persons. As used in this subsection, the

  2  term "civil penalties and fines" does not include a wrecker

  3  operator's lien as described in s. 713.78(13). If the tax

  4  collector has private tag agents, such tag agents are entitled

  5  to receive a pro rata share of the amount paid to the tax

  6  collector, based upon the percentage of license plates and

  7  revalidation stickers issued by the tag agent compared to the

  8  total issued within the county. The authority of any private

  9  agent to issue license plates shall be revoked, after notice

10  and a hearing as provided in chapter 120, if he or she issues

11  any license plate or revalidation sticker contrary to the

12  provisions of this subsection. This section applies only to

13  the annual renewal in the owner's birth month of a motor

14  vehicle registration and does not apply to the transfer of a

15  registration of a motor vehicle sold by a motor vehicle dealer

16  licensed under this chapter, except for the transfer of

17  registrations which is inclusive of the annual renewals. This

18  section does not affect the issuance of the title to a motor

19  vehicle, notwithstanding s. 319.23(7)(b).

20         Section 2.  Paragraph (b) of subsection (4) and

21  subsection (6) of section 713.78, Florida Statutes, are

22  amended, and subsection (13) is added to said section, to

23  read:

24         713.78  Liens for recovering, towing, or storing

25  vehicles and documented vessels.--

26         (4)

27         (b)  Notice by certified mail, return receipt

28  requested, shall be sent within 7 business days after the date

29  of storage of the vehicle or vessel to the registered owner

30  and to all persons of record claiming a lien against the

31  vehicle or vessel.  It shall state the fact of possession of


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                                          HB 757, Second Engrossed



  1  the vehicle or vessel, that a lien as provided in subsection

  2  (2) is claimed, that charges have accrued and the amount

  3  thereof, that the lien is subject to enforcement pursuant to

  4  law, and that the owner or lienholder, if any, has the right

  5  to a hearing as set forth in subsection (5), and that any

  6  vehicle or vessel which remains unclaimed, or for which the

  7  charges for recovery, towing, or storage services remain

  8  unpaid, may be sold after 35 days free of all prior liens

  9  after 35 days if the vehicle or vessel is more than 3 years of

10  age and after 50 days if the vehicle or vessel is 3 years of

11  age or less.

12         (6)  Any vehicle or vessel which is stored pursuant to

13  subsection (2) and which remains unclaimed, or for which

14  reasonable charges for recovery, towing, or storing remain

15  unpaid or for which a lot rental amount is due and owing to

16  the mobile home park owner, as evidenced by a judgment for

17  unpaid rent, and any contents not released pursuant to

18  subsection (10), may be sold by the owner or operator of the

19  storage space for such towing or storage charge or unpaid lot

20  rental amount after 35 days from the time the vehicle or

21  vessel is stored therein if the vehicle or vessel is more than

22  3 years of age and after 50 days from the time the vehicle or

23  vessel is stored therein if the vehicle or vessel is 3 years

24  of age or less. The sale shall be at public auction for cash.

25  If the date of the sale was not included in the notice

26  required in subsection (4), notice of the sale shall be given

27  to the person in whose name the vehicle, vessel, or mobile

28  home is registered, to the mobile home park owner, and to all

29  persons claiming a lien on the vehicle or vessel as shown on

30  the records of the Department of Highway Safety and Motor

31  Vehicles or of the corresponding agency in any other state.


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                                          HB 757, Second Engrossed



  1  Notice shall be sent by certified mail, return receipt

  2  requested, to the owner of the vehicle or vessel and the

  3  person having the recorded lien on the vehicle or vessel at

  4  the address shown on the records of the registering agency and

  5  shall be mailed not less than 15 days before the date of the

  6  sale. After diligent search and inquiry, if the name and

  7  address of the registered owner or the owner of the recorded

  8  lien cannot be ascertained, the requirements of notice by mail

  9  may be dispensed with.  In addition to the notice by mail,

10  public notice of the time and place of sale shall be made by

11  publishing a notice thereof one time, at least 10 days prior

12  to the date of the sale, in a newspaper of general circulation

13  in the county in which the sale is to be held.  The proceeds

14  of the sale, after payment of reasonable towing and storage

15  charges, costs of the sale, and the unpaid lot rental amount,

16  in that order of priority, shall be deposited with the clerk

17  of the circuit court for the county if the owner is absent,

18  and the clerk shall hold such proceeds subject to the claim of

19  the person legally entitled thereto. The clerk shall be

20  entitled to receive 5 percent of such proceeds for the care

21  and disbursement thereof.  The certificate of title issued

22  under this law shall be discharged of all liens unless

23  otherwise provided by court order.

24         (13)(a)  Upon receipt by the Department of Highway

25  Safety and Motor Vehicles of written notice from a wrecker

26  operator who claims a wrecker operator's lien under paragraph

27  (2)(c) or paragraph (2)(d) for recovery, towing, or storage of

28  a vehicle, vessel, or mobile home, upon instructions from any

29  law enforcement agency, for which a certificate of destruction

30  has been issued under subsection (11), the department shall

31  place the name of the registered owner of that vehicle,


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                                          HB 757, Second Engrossed



  1  vessel, or mobile home on the list of those persons who may

  2  not be issued a license plate or revalidation sticker for any

  3  motor vehicle under s. 320.03(8). If the vehicle, vessel, or

  4  mobile home is owned jointly by more than one person, the name

  5  of each registered owner shall be placed on the list. The

  6  notice of wrecker operator's lien shall be submitted on forms

  7  provided by the department, which must include:

  8         1.  The name, address, and telephone number of the

  9  wrecker operator.

10         2.  The name of the registered owner of the vehicle,

11  vessel, or mobile home and the address to which the wrecker

12  operator provided notice of the lien to the registered owner

13  under subsection (4).

14         3.  A general description of the vehicle, vessel, or

15  mobile home, including its color, make, model, body style, and

16  year.

17         4.  The vehicle identification number (VIN);

18  registration license plate number, state, and year; validation

19  decal number, state, and year; mobile home sticker number,

20  state, and year; vessel registration number; hull

21  identification number; or other identification number, as

22  applicable.

23         5.  The name of the person or the corresponding law

24  enforcement agency that requested that the vehicle, vessel, or

25  mobile home be recovered, towed, or stored.

26         6.  The amount of the wrecker operator's lien, not to

27  exceed the amount allowed by paragraph (b).

28         (b)  For purposes of this subsection only, the amount

29  of the wrecker operator's lien for which the department will

30  prevent issuance of a license plate or revalidation sticker

31  may not exceed the amount of the charges for recovery, towing,


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                                          HB 757, Second Engrossed



  1  and storage of the vehicle, vessel, or mobile home for 7 days.

  2  These charges may not exceed the maximum rates imposed by the

  3  ordinances of the respective county or municipality under ss.

  4  125.0103(1)(c) and 166.043(1)(c). This paragraph does not

  5  limit the amount of a wrecker operator's lien claimed under

  6  subsection (2) or prevent a wrecker operator from seeking

  7  civil remedies for enforcement of the entire amount of the

  8  lien, but limits only that portion of the lien for which the

  9  department will prevent issuance of a license plate or

10  revalidation sticker.

11         (c)1.  The registered owner of a vehicle, vessel, or

12  mobile home may dispute a wrecker operator's lien, by

13  notifying the department of the dispute in writing on forms

14  provided by the department, if at least one of the following

15  applies:

16         a.  The registered owner presents a notarized bill of

17  sale proving that the vehicle, vessel, or mobile home was sold

18  in a private or casual sale before the vehicle, vessel, or

19  mobile home was recovered, towed, or stored.

20         b.  The registered owner presents proof that the

21  Florida certificate of title of the vehicle, vessel, or mobile

22  home was sold to a licensed dealer as defined in s. 319.001

23  before the vehicle, vessel, or mobile home was recovered,

24  towed, or stored.

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26  If the registered owner's dispute of a wrecker operator's lien

27  complies with one of these criteria, the department shall

28  immediately remove the registered owner's name from the list

29  of those persons who may not be issued a license plate or

30  revalidation sticker for any motor vehicle under s. 320.03(8),

31  thereby allowing issuance of a license plate or revalidation


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                                          HB 757, Second Engrossed



  1  sticker.  If the vehicle, vessel, or mobile home is owned

  2  jointly by more than one person, each registered owner must

  3  dispute the wrecker operator's lien in order to be removed

  4  from the list.  However, the department shall deny any dispute

  5  and maintain the registered owner's name on the list of those

  6  persons who may not be issued a license plate or revalidation

  7  sticker for any motor vehicle under s. 320.03(8) if the

  8  wrecker operator has provided the department with a certified

  9  copy of the judgment of a court which orders the registered

10  owner to pay the wrecker operator's lien claimed under this

11  section.  In such a case, the amount of the wrecker operator's

12  lien allowed by paragraph (b) may be increased to include no

13  more than $500 of the reasonable costs and attorney's fees

14  incurred in obtaining the judgment.  The department's action

15  under this subparagraph is ministerial in nature, shall not be

16  considered final agency action, and is appealable only to the

17  county court for the county in which the vehicle, vessel, or

18  mobile home was ordered removed.

19         2.  A person against whom a wrecker operator's lien has

20  been imposed may alternatively obtain a discharge of the lien

21  by filing a complaint, challenging the validity of the lien or

22  the amount thereof, in the county court of the county in which

23  the vehicle, vessel, or mobile home was ordered removed.  Upon

24  filing of the complaint, the person may have her or his name

25  removed from the list of those persons who may not be issued a

26  license plate or revalidation sticker for any motor vehicle

27  under s. 320.03(8), thereby allowing issuance of a license

28  plate or revalidation sticker, upon posting with the court a

29  cash or surety bond or other adequate security equal to the

30  amount of the wrecker operator's lien to ensure the payment of

31  such lien in the event she or he does not prevail.  Upon the


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                                          HB 757, Second Engrossed



  1  posting of the bond and the payment of the applicable fee set

  2  forth in s. 28.24, the clerk of the court shall issue a

  3  certificate notifying the department of the posting of the

  4  bond and directing the department to release the wrecker

  5  operator's lien.  Upon determining the respective rights of

  6  the parties, the court may award damages and costs in favor of

  7  the prevailing party.

  8          3.  If a person against whom a wrecker operator's lien

  9  has been imposed does not object to the lien, but cannot

10  discharge the lien by payment because the wrecker operator has

11  moved or gone out of business, the person may have her or his

12  name removed from the list of those persons who may not be

13  issued a license plate or revalidation sticker for any motor

14  vehicle under s. 320.03(8), thereby allowing issuance of a

15  license plate or revalidation sticker, upon posting with the

16  clerk of court in the county in which the vehicle, vessel, or

17  mobile home was ordered removed, a cash or surety bond or

18  other adequate security equal to the amount of the wrecker

19  operator's lien.   Upon the posting of the bond and the

20  payment of the applicable fee set forth in s. 28.24, the clerk

21  of the court shall issue a certificate notifying the

22  department of the posting of the bond and directing the

23  department to release the wrecker operator's lien.  The

24  department shall mail to the wrecker operator, at the address

25  upon the lien form, notice that the wrecker operator must

26  claim the security within 60 days, or the security will be

27  released back to the person who posted it.  At the conclusion

28  of the 60 days, the department shall direct the clerk as to

29  which party is entitled to payment of the security, less

30  applicable clerk's fees.

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                                          HB 757, Second Engrossed



  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


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                                          HB 757, Second Engrossed



  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.

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