House Bill hb0757er

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  1                                 

  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. 713.01, F.S.;

  7         defining the term "abandoned property";

  8         amending s. 713.78, F.S.; revising requirements

  9         for the sale of an unclaimed vehicle or vessel;

10         providing that the Department of Highway Safety

11         and Motor Vehicles shall not issue a license

12         plate or revalidation sticker for certain motor

13         vehicles, vessels, or motor homes for which a

14         wrecker operator's lien has been issued;

15         providing procedures with respect to such

16         liens; providing an effective date.

17  

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

19  

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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  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.  Present subsections (1) through (27) of

22  section 713.01, Florida Statutes, are redesignated as

23  subsections (2) through (28), respectively, and a new

24  subsection (1) is added to that section to read:

25         713.01  Definitions.--As used in this part, the term:

26         (1)  "Abandoned property" means all tangible personal

27  property that has been disposed of on public property in a

28  wrecked, inoperative, or partially dismantled condition.

29         Section 3.  Paragraph (b) of subsection (4) and

30  subsection (6) are amended, and subsection (13) is added to

31  section 713.78, Florida Statutes, to read:


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  1         713.78  Liens for recovering, towing, or storing

  2  vehicles and documented vessels.--

  3         (4)

  4         (b)  Notice by certified mail, return receipt

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

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

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

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

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

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

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

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

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

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

15  charges for recovery, towing, or storage services remain

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

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

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

19  age or less.

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

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

22  reasonable charges for recovery, towing, or storing remain

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

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

25  unpaid rent, and any contents not released pursuant to

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

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

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

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

30  3 years of age or after 50 days following the time the vehicle

31  or vessel is stored therein if the vehicle or vessel is 3


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  1  years of age or less. The sale shall be at public auction for

  2  cash. If the date of the sale was not included in the notice

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

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

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

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

  7  the records of the Department of Highway Safety and Motor

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

  9  Notice shall be sent by certified mail, return receipt

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

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

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

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

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

15  address of the registered owner or the owner of the recorded

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

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

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

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

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

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

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

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

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

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

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

27  the person legally entitled thereto. The clerk shall be

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

29  and disbursement thereof.  The certificate of title issued

30  under this law shall be discharged of all liens unless

31  otherwise provided by court order.


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

  2  Safety and Motor Vehicles of written notice from a wrecker

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

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

  5  an abandoned vehicle, vessel, or mobile home upon instructions

  6  from any law enforcement agency, for which a certificate of

  7  destruction has been issued under subsection (11), the

  8  department shall place the name of the registered owner of

  9  that vehicle, vessel, or mobile home on the list of those

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

11  sticker for any motor vehicle under s. 320.03(8). If the

12  vehicle, vessel, or mobile home is owned jointly by more than

13  one person, the name of each registered owner shall be placed

14  on the list. The notice of wrecker operator's lien shall be

15  submitted on forms provided by the department, which must

16  include:

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

18  wrecker operator.

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

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

21  operator provided notice of the lien to the registered owner

22  under subsection (4).

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

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

25  year.

26         4.  The vehicle identification number (VIN);

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

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

29  state, and year; vessel registration number; hull

30  identification number; or other identification number, as

31  applicable.


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

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

  3  mobile home be recovered, towed, or stored.

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

  5  exceed the amount allowed by paragraph (b).

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

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

  8  prevent issuance of a license plate or revalidation sticker

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

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

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

12  ordinances of the respective county or municipality under ss.

13  125.0103(1)(c) and 166.043(1)(c). This paragraph does not

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

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

16  civil remedies for enforcement of the entire amount of the

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

18  department will prevent issuance of a license plate or

19  revalidation sticker.

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

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

22  notifying the department of the dispute in writing on forms

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

24  applies:

25         a.  The registered owner presents a notarized bill of

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

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

28  mobile home was recovered, towed, or stored.

29         b.  The registered owner presents proof that the

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

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


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

  2  towed, or stored.

  3  

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

  5  complies with one of these criteria, the department shall

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

  7  of those persons who may not be issued a licensed plate or

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

  9  thereby allowing issuance of a license plate or revalidation

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

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

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

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

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

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

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

17  wrecker operator has provided the department with a certified

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

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

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

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

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

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

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

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

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

27  mobile home was ordered removed.

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

29  been imposed may alternatively obtain a discharge of the lien

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

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


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

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

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

  4  licensed plate or revalidation sticker for any motor vehicle

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

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

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

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

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

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

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

12  certificate notifying the department of the posting of the

13  bond and directing the department to release the wrecker

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

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

16  prevailing party.

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

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

19  discharge the lien by payment because the wrecker operator has

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

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

22  issued a licensed plate or revalidation sticker for any motor

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

24  license plate or revalidation sticker, upon posting with the

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

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

27  other adequate security equal to the amount of the wrecker

28  operator's lien. Upon the posting of the bond and the payment

29  of the application fee set forth in s. 28.24, the clerk of the

30  court shall issue a certificate notifying the department of

31  the posting of the bond and directing the department to


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  1  release the wrecker operator's lien. The department shall mail

  2  to the wrecker operator, at the address upon the lien form,

  3  notice that the wrecker operator must claim the security

  4  within 60 days, or the security will be released back to the

  5  person who posted it. At the conclusion of the 60 days, the

  6  department shall direct the clerk as to which party is

  7  entitled to payment of the security, less applicable clerk's

  8  fees.

  9         4.  A wrecker operator's lien expires 5 years after

10  filing.

11         (d)  Upon discharge of the amount of the wrecker

12  operator's lien allowed by paragraph (b), the wrecker operator

13  must issue a certificate of discharged wrecker operator's lien

14  on forms provided by the department to each registered owner

15  of the vehicle, vessel, or mobile home attesting that the

16  amount of the wrecker operator's lien allowed by paragraph (b)

17  has been discharged. Upon presentation of the certificate of

18  discharged wrecker operator's lien by the registered owner,

19  the department shall immediately remove the registered owner's

20  name from the list of those persons who may not be issued a

21  license plate or revalidation sticker for any motor vehicle

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

23  plate or revalidation sticker. Issuance of a certificate of

24  discharged wrecker operator's lien under this paragraph does

25  not discharge the entire amount of the wrecker operator's lien

26  claimed under subsection (2), but only certifies to the

27  department that the amount of the wrecker operator's lien

28  allowed by paragraph (b), for which the department will

29  prevent issuance of a license plate or revalidation sticker,

30  has been discharged.

31  


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  1         (e)  When a wrecker operator files a notice of wrecker

  2  operator's lien under this subsection, the department shall

  3  charge the wrecker operator a fee of $2, which shall be

  4  deposited into the Florida Motor Vehicle Theft Prevention

  5  Trust Fund established under s. 860.158. A service charge of

  6  $2.50 shall be collected and retained by the tax collector who

  7  processes a notice of wrecker operator's lien.

  8         (f)  This subsection applies only to the annual renewal

  9  in the registered owner's birth month of a motor vehicle

10  registration and does not apply to the transfer of a

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

12  licensed under chapter 320, except for the transfer of

13  registrations which is inclusive of the annual renewals. This

14  subsection does not affect the issuance of the title to a

15  motor vehicle, notwithstanding s. 319.23(7)(b).

16         (g)  The Department of Highway Safety and Motor

17  Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54

18  to implement this subsection.

19         Section 4.  This act shall take effect July 1, 2001.

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