Amendment
Bill No. 0571
Amendment No. 514089
CHAMBER ACTION
Senate House
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1Representative(s) Galvano offered the following:
2
3     Amendment (with directory amendment)
4     Remove line(s) 199-262 and insert:
5     (6)  Any vehicle or vessel which is stored pursuant to
6subsection (2) and which remains unclaimed, or for which
7reasonable charges for recovery, towing, or storing remain
8unpaid or for which a lot rental amount is due and owing to the
9mobile home park owner, as evidenced by a judgment for unpaid
10rent, and any contents not released pursuant to subsection (10),
11may be sold by the owner or operator of the storage space for
12such towing or storage charge or unpaid lot rental amount after
1335 days from the time the vehicle or vessel is stored therein if
14the vehicle or vessel is more than 3 years of age or after 50
15days following the time the vehicle or vessel is stored therein
16if the vehicle or vessel is 3 years of age or less. The sale
17shall be at public auction for cash. If the date of the sale was
18not included in the notice required in subsection (4), notice of
19the sale shall be given to the person in whose name the vehicle
20or, vessel, or mobile home is registered, to the mobile home
21park owner, and to all persons claiming a lien on the vehicle or
22vessel as shown on the records of the Department of Highway
23Safety and Motor Vehicles or of the corresponding agency in any
24other state. Notice shall be sent by certified mail, return
25receipt requested, to the owner of the vehicle or vessel and the
26person having the recorded lien on the vehicle or vessel at the
27address shown on the records of the registering agency and shall
28be mailed not less than 15 days before the date of the sale.
29After diligent search and inquiry, if the name and address of
30the registered owner or the owner of the recorded lien cannot be
31ascertained, the requirements of notice by mail may be dispensed
32with. In addition to the notice by mail, public notice of the
33time and place of sale shall be made by publishing a notice
34thereof one time, at least 10 days prior to the date of the
35sale, in a newspaper of general circulation in the county in
36which the sale is to be held. The proceeds of the sale, after
37payment of reasonable towing and storage charges, and costs of
38the sale, and the unpaid lot rental amount, in that order of
39priority, shall be deposited with the clerk of the circuit court
40for the county if the owner is absent, and the clerk shall hold
41such proceeds subject to the claim of the person legally
42entitled thereto. The clerk shall be entitled to receive 5
43percent of such proceeds for the care and disbursement thereof.
44The certificate of title issued under this law shall be
45discharged of all liens unless otherwise provided by court
46order.
47     (7)(a)  A wrecker operator recovering, towing, or storing
48vehicles or vessels is not liable for damages connected with
49such services, theft of such vehicles or vessels, or theft of
50personal property contained in such vehicles or vessels,
51provided that such services have been performed with reasonable
52care and provided, further, that, in the case of removal of a
53vehicle or vessel upon the request of a person purporting, and
54reasonably appearing, to be the owner or lessee, or a person
55authorized by the owner or lessee, of the property from which
56such vehicle or vessel is removed, such removal has been done in
57compliance with s. 715.07. Further, a wrecker operator is not
58liable for damage to a vehicle, vessel, or cargo that obstructs
59the normal movement of traffic or creates a hazard to traffic
60and is removed in compliance with the request of a law
61enforcement officer connected with such services when complying
62with the lawful directions of a law enforcement officer to
63remove a vehicle stopped, standing, or parked upon a street or
64highway in such a position as to obstruct the normal movement of
65traffic or in such a condition as to create a hazard to other
66traffic upon the street or highway.
67     (10)  Persons who provide services pursuant to this section
68shall permit vehicle or vessel owners or their agents, which
69agency is evidenced by an original a writing acknowledged by the
70owner before a notary public or other person empowered by law to
71administer oaths, to inspect the towed vehicle or vessel and
72shall release to the owner or agent the vehicle, vessel, or all
73personal property not affixed to the vehicle or vessel which was
74in the vehicle or vessel at the time the vehicle or vessel came
75into the custody of the person providing such services.
76     (11)(a)  Any person regularly engaged in the business of
77recovering, towing, or storing vehicles or vessels who comes
78into possession of a vehicle or vessel pursuant to subsection
79(2) and who has complied with the provisions of subsections (3)
80and (6), when such vehicle or vessel is to be sold for purposes
81of being dismantled, destroyed, or changed in such manner that
82it is not the motor vehicle or, vessel, or mobile home described
83in the certificate of title, shall apply to the county tax
84collector for a certificate of destruction. A certificate of
85destruction, which authorizes the dismantling or destruction of
86the vehicle or vessel described therein, shall be reassignable a
87maximum of two times before dismantling or destruction of the
88vehicle shall be required, and shall accompany the vehicle or
89vessel for which it is issued, when such vehicle or vessel is
90sold for such purposes, in lieu of a certificate of title. The
91application for a certificate of destruction must include an
92affidavit from the applicant that it has complied with all
93applicable requirements of this section and, if the vehicle or
94vessel is not registered in this state, by a statement from a
95law enforcement officer that the vehicle or vessel is not
96reported stolen, and shall be accompanied by such documentation
97as may be required by the department.
98     (13)(a)  Upon receipt by the Department of Highway Safety
99and Motor Vehicles of written notice from a wrecker operator who
100claims a wrecker operator's lien under paragraph (2)(c) or
101paragraph (2)(d) for recovery, towing, or storage of an
102abandoned vehicle or, vessel, or mobile home upon instructions
103from any law enforcement agency, for which a certificate of
104destruction has been issued under subsection (11), the
105department shall place the name of the registered owner of that
106vehicle or, vessel, or mobile home on the list of those persons
107who may not be issued a license plate or revalidation sticker
108for any motor vehicle under s. 320.03(8). If the vehicle or,
109vessel, or mobile home is owned jointly by more than one person,
110the name of each registered owner shall be placed on the list.
111The notice of wrecker operator's lien shall be submitted on
112forms provided by the department, which must include:
113     1.  The name, address, and telephone number of the wrecker
114operator.
115     2.  The name of the registered owner of the vehicle or,
116vessel, or mobile home and the address to which the wrecker
117operator provided notice of the lien to the registered owner
118under subsection (4).
119     3.  A general description of the vehicle or, vessel, or
120mobile home including its color, make, model, body style, and
121year.
122     4.  The vehicle identification number (VIN); registration
123license plate number, state, and year; validation decal number,
124state, and year; mobile home sticker number, state, and year;
125vessel registration number; hull identification number; or other
126identification number, as applicable.
127     5.  The name of the person or the corresponding law
128enforcement agency that requested that the vehicle or, vessel,
129or mobile home be recovered, towed, or stored.
130     6.  The amount of the wrecker operator's lien, not to
131exceed the amount allowed by paragraph (b).
132     (b)  For purposes of this subsection only, the amount of
133the wrecker operator's lien for which the department will
134prevent issuance of a license plate or revalidation sticker may
135not exceed the amount of the charges for recovery, towing, and
136storage of the vehicle or, vessel, or mobile home for 7 days.
137These charges may not exceed the maximum rates imposed by the
138ordinances of the respective county or municipality under ss.
139125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit
140the amount of a wrecker operator's lien claimed under subsection
141(2) or prevent a wrecker operator from seeking civil remedies
142for enforcement of the entire amount of the lien, but limits
143only that portion of the lien for which the department will
144prevent issuance of a license plate or revalidation sticker.
145     (c)1.  The registered owner of a vehicle or, vessel, or
146mobile home may dispute a wrecker operator's lien, by notifying
147the department of the dispute in writing on forms provided by
148the department, if at least one of the following applies:
149     a.  The registered owner presents a notarized bill of sale
150proving that the vehicle or, vessel, or mobile home was sold in
151a private or casual sale before the vehicle or, vessel, or
152mobile home was recovered, towed, or stored.
153     b.  The registered owner presents proof that the Florida
154certificate of title of the vehicle or, vessel, or mobile home
155was sold to a licensed dealer as defined in s. 319.001 before
156the vehicle or, vessel, or mobile home was recovered, towed, or
157stored.
158
159If the registered owner's dispute of a wrecker operator's lien
160complies with one of these criteria, the department shall
161immediately remove the registered owner's name from the list of
162those persons who may not be issued a license plate or
163revalidation sticker for any motor vehicle under s. 320.03(8),
164thereby allowing issuance of a license plate or revalidation
165sticker. If the vehicle or, vessel, or mobile home is owned
166jointly by more than one person, each registered owner must
167dispute the wrecker operator's lien in order to be removed from
168the list. However, the department shall deny any dispute and
169maintain the registered owner's name on the list of those
170persons who may not be issued a license plate or revalidation
171sticker for any motor vehicle under s. 320.03(8) if the wrecker
172operator has provided the department with a certified copy of
173the judgment of a court which orders the registered owner to pay
174the wrecker operator's lien claimed under this section. In such
175a case, the amount of the wrecker operator's lien allowed by
176paragraph (b) may be increased to include no more than $500 of
177the reasonable costs and attorney's fees incurred in obtaining
178the judgment. The department's action under this subparagraph is
179ministerial in nature, shall not be considered final agency
180action, and is appealable only to the county court for the
181county in which the vehicle or, vessel, or mobile home was
182ordered removed.
183     2.  A person against whom a wrecker operator's lien has
184been imposed may alternatively obtain a discharge of the lien by
185filing a complaint, challenging the validity of the lien or the
186amount thereof, in the county court of the county in which the
187vehicle or, vessel, or mobile home was ordered removed. Upon
188filing of the complaint, the person may have her or his name
189removed from the list of those persons who may not be issued a
190license plate or revalidation sticker for any motor vehicle
191under s. 320.03(8), thereby allowing issuance of a license plate
192or revalidation sticker, upon posting with the court a cash or
193surety bond or other adequate security equal to the amount of
194the wrecker operator's lien to ensure the payment of such lien
195in the event she or he does not prevail. Upon the posting of the
196bond and the payment of the applicable fee set forth in s.
19728.24, the clerk of the court shall issue a certificate
198notifying the department of the posting of the bond and
199directing the department to release the wrecker operator's lien.
200Upon determining the respective rights of the parties, the court
201may award damages and costs in favor of the prevailing party.
202     3.  If a person against whom a wrecker operator's lien has
203been imposed does not object to the lien, but cannot discharge
204the lien by payment because the wrecker operator has moved or
205gone out of business, the person may have her or his name
206removed from the list of those persons who may not be issued a
207license plate or revalidation sticker for any motor vehicle
208under s. 320.03(8), thereby allowing issuance of a license plate
209or revalidation sticker, upon posting with the clerk of court in
210the county in which the vehicle or, vessel, or mobile home was
211ordered removed, a cash or surety bond or other adequate
212security equal to the amount of the wrecker operator's lien.
213Upon the posting of the bond and the payment of the application
214fee set forth in s. 28.24, the clerk of the court shall issue a
215certificate notifying the department of the posting of the bond
216and directing the department to release the wrecker operator's
217lien. The department shall mail to the wrecker operator, at the
218address upon the lien form, notice that the wrecker operator
219must claim the security within 60 days, or the security will be
220released back to the person who posted it. At the conclusion of
221the 60 days, the department shall direct the clerk as to which
222party is entitled to payment of the security, less applicable
223clerk's fees.
224     4.  A wrecker operator's lien expires 5 years after filing.
225     (d)  Upon discharge of the amount of the wrecker operator's
226lien allowed by paragraph (b), the wrecker operator must issue a
227certificate of discharged wrecker operator's lien on forms
228provided by the department to each registered owner of the
229vehicle or, vessel, or mobile home attesting that the amount of
230the wrecker operator's lien allowed by paragraph (b) has been
231discharged. Upon presentation of the certificate of discharged
232wrecker operator's lien by the registered owner, the department
233shall immediately remove the registered owner's name from the
234list of those persons who may not be issued a license plate or
235revalidation sticker for any motor vehicle under s. 320.03(8),
236thereby allowing issuance of a license plate or revalidation
237sticker. Issuance of a certificate of discharged wrecker
238operator's lien under this paragraph does not discharge the
239entire amount of the wrecker operator's lien claimed under
240subsection (2), but only certifies to the department that the
241amount of the wrecker operator's lien allowed by paragraph (b),
242for which the department will prevent issuance of a license
243plate or revalidation sticker, has been discharged.
244     (e)  When a wrecker operator files a notice of wrecker
245operator's lien under this subsection, the department shall
246charge the wrecker operator a fee of $2, which shall be
247deposited into the General Revenue Fund established under s.
248860.158. A service charge of $2.50 shall be collected and
249retained by the tax collector who processes a notice of wrecker
250operator's lien.
251     (f)  This subsection applies only to the annual renewal in
252the registered owner's birth month of a motor vehicle
253registration and does not apply to the transfer of a
254registration of a motor vehicle sold by a motor vehicle dealer
255licensed under chapter 320, except for the transfer of
256registrations which is inclusive of the annual renewals. This
257subsection does not affect the issuance of the title to a motor
258vehicle, notwithstanding s. 319.23(7)(b).
259     (g)  The Department of Highway Safety and Motor Vehicles
260may adopt rules pursuant to ss. 120.536(1) and 120.54 to
261implement this subsection.
262
263
264=========== D I R E C T O R Y  A M E N D M E N T ==========
265     Remove line(s) 63 and 64 insert:
266     Section 3.  Subsections (2), (4), (5), and (6), paragraph
267(a) of subsection (7), subsection (10), paragraph (a) of
268subsection (11), and subsection (13) of section 713.78, Florida
269Statutes, are amended to read:


CODING: Words stricken are deletions; words underlined are additions.