| 1 | Representative(s) Galvano offered the following: |
| 2 |
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| 3 | Amendment (with directory amendment) |
| 4 | Remove line(s) 199-262 and insert: |
| 5 | (6) Any vehicle or vessel which is stored pursuant to |
| 6 | subsection (2) and which remains unclaimed, or for which |
| 7 | reasonable charges for recovery, towing, or storing remain |
| 8 | unpaid or for which a lot rental amount is due and owing to the |
| 9 | mobile home park owner, as evidenced by a judgment for unpaid |
| 10 | rent, and any contents not released pursuant to subsection (10), |
| 11 | may be sold by the owner or operator of the storage space for |
| 12 | such towing or storage charge or unpaid lot rental amount after |
| 13 | 35 days from the time the vehicle or vessel is stored therein if |
| 14 | the vehicle or vessel is more than 3 years of age or after 50 |
| 15 | days following the time the vehicle or vessel is stored therein |
| 16 | if the vehicle or vessel is 3 years of age or less. The sale |
| 17 | shall be at public auction for cash. If the date of the sale was |
| 18 | not included in the notice required in subsection (4), notice of |
| 19 | the sale shall be given to the person in whose name the vehicle |
| 20 | or, vessel, or mobile home is registered, to the mobile home |
| 21 | park owner, and to all persons claiming a lien on the vehicle or |
| 22 | vessel as shown on the records of the Department of Highway |
| 23 | Safety and Motor Vehicles or of the corresponding agency in any |
| 24 | other state. Notice shall be sent by certified mail, return |
| 25 | receipt requested, to the owner of the vehicle or vessel and the |
| 26 | person having the recorded lien on the vehicle or vessel at the |
| 27 | address shown on the records of the registering agency and shall |
| 28 | be mailed not less than 15 days before the date of the sale. |
| 29 | After diligent search and inquiry, if the name and address of |
| 30 | the registered owner or the owner of the recorded lien cannot be |
| 31 | ascertained, the requirements of notice by mail may be dispensed |
| 32 | with. In addition to the notice by mail, public notice of the |
| 33 | time and place of sale shall be made by publishing a notice |
| 34 | thereof one time, at least 10 days prior to the date of the |
| 35 | sale, in a newspaper of general circulation in the county in |
| 36 | which the sale is to be held. The proceeds of the sale, after |
| 37 | payment of reasonable towing and storage charges, and costs of |
| 38 | the sale, and the unpaid lot rental amount, in that order of |
| 39 | priority, shall be deposited with the clerk of the circuit court |
| 40 | for the county if the owner is absent, and the clerk shall hold |
| 41 | such proceeds subject to the claim of the person legally |
| 42 | entitled thereto. The clerk shall be entitled to receive 5 |
| 43 | percent of such proceeds for the care and disbursement thereof. |
| 44 | The certificate of title issued under this law shall be |
| 45 | discharged of all liens unless otherwise provided by court |
| 46 | order. |
| 47 | (7)(a) A wrecker operator recovering, towing, or storing |
| 48 | vehicles or vessels is not liable for damages connected with |
| 49 | such services, theft of such vehicles or vessels, or theft of |
| 50 | personal property contained in such vehicles or vessels, |
| 51 | provided that such services have been performed with reasonable |
| 52 | care and provided, further, that, in the case of removal of a |
| 53 | vehicle or vessel upon the request of a person purporting, and |
| 54 | reasonably appearing, to be the owner or lessee, or a person |
| 55 | authorized by the owner or lessee, of the property from which |
| 56 | such vehicle or vessel is removed, such removal has been done in |
| 57 | compliance with s. 715.07. Further, a wrecker operator is not |
| 58 | liable for damage to a vehicle, vessel, or cargo that obstructs |
| 59 | the normal movement of traffic or creates a hazard to traffic |
| 60 | and is removed in compliance with the request of a law |
| 61 | enforcement officer connected with such services when complying |
| 62 | with the lawful directions of a law enforcement officer to |
| 63 | remove a vehicle stopped, standing, or parked upon a street or |
| 64 | highway in such a position as to obstruct the normal movement of |
| 65 | traffic or in such a condition as to create a hazard to other |
| 66 | traffic upon the street or highway. |
| 67 | (10) Persons who provide services pursuant to this section |
| 68 | shall permit vehicle or vessel owners or their agents, which |
| 69 | agency is evidenced by an original a writing acknowledged by the |
| 70 | owner before a notary public or other person empowered by law to |
| 71 | administer oaths, to inspect the towed vehicle or vessel and |
| 72 | shall release to the owner or agent the vehicle, vessel, or all |
| 73 | personal property not affixed to the vehicle or vessel which was |
| 74 | in the vehicle or vessel at the time the vehicle or vessel came |
| 75 | into the custody of the person providing such services. |
| 76 | (11)(a) Any person regularly engaged in the business of |
| 77 | recovering, towing, or storing vehicles or vessels who comes |
| 78 | into possession of a vehicle or vessel pursuant to subsection |
| 79 | (2) and who has complied with the provisions of subsections (3) |
| 80 | and (6), when such vehicle or vessel is to be sold for purposes |
| 81 | of being dismantled, destroyed, or changed in such manner that |
| 82 | it is not the motor vehicle or, vessel, or mobile home described |
| 83 | in the certificate of title, shall apply to the county tax |
| 84 | collector for a certificate of destruction. A certificate of |
| 85 | destruction, which authorizes the dismantling or destruction of |
| 86 | the vehicle or vessel described therein, shall be reassignable a |
| 87 | maximum of two times before dismantling or destruction of the |
| 88 | vehicle shall be required, and shall accompany the vehicle or |
| 89 | vessel for which it is issued, when such vehicle or vessel is |
| 90 | sold for such purposes, in lieu of a certificate of title. The |
| 91 | application for a certificate of destruction must include an |
| 92 | affidavit from the applicant that it has complied with all |
| 93 | applicable requirements of this section and, if the vehicle or |
| 94 | vessel is not registered in this state, by a statement from a |
| 95 | law enforcement officer that the vehicle or vessel is not |
| 96 | reported stolen, and shall be accompanied by such documentation |
| 97 | as may be required by the department. |
| 98 | (13)(a) Upon receipt by the Department of Highway Safety |
| 99 | and Motor Vehicles of written notice from a wrecker operator who |
| 100 | claims a wrecker operator's lien under paragraph (2)(c) or |
| 101 | paragraph (2)(d) for recovery, towing, or storage of an |
| 102 | abandoned vehicle or, vessel, or mobile home upon instructions |
| 103 | from any law enforcement agency, for which a certificate of |
| 104 | destruction has been issued under subsection (11), the |
| 105 | department shall place the name of the registered owner of that |
| 106 | vehicle or, vessel, or mobile home on the list of those persons |
| 107 | who may not be issued a license plate or revalidation sticker |
| 108 | for any motor vehicle under s. 320.03(8). If the vehicle or, |
| 109 | vessel, or mobile home is owned jointly by more than one person, |
| 110 | the name of each registered owner shall be placed on the list. |
| 111 | The notice of wrecker operator's lien shall be submitted on |
| 112 | forms provided by the department, which must include: |
| 113 | 1. The name, address, and telephone number of the wrecker |
| 114 | operator. |
| 115 | 2. The name of the registered owner of the vehicle or, |
| 116 | vessel, or mobile home and the address to which the wrecker |
| 117 | operator provided notice of the lien to the registered owner |
| 118 | under subsection (4). |
| 119 | 3. A general description of the vehicle or, vessel, or |
| 120 | mobile home including its color, make, model, body style, and |
| 121 | year. |
| 122 | 4. The vehicle identification number (VIN); registration |
| 123 | license plate number, state, and year; validation decal number, |
| 124 | state, and year; mobile home sticker number, state, and year; |
| 125 | vessel registration number; hull identification number; or other |
| 126 | identification number, as applicable. |
| 127 | 5. The name of the person or the corresponding law |
| 128 | enforcement agency that requested that the vehicle or, vessel, |
| 129 | or mobile home be recovered, towed, or stored. |
| 130 | 6. The amount of the wrecker operator's lien, not to |
| 131 | exceed the amount allowed by paragraph (b). |
| 132 | (b) For purposes of this subsection only, the amount of |
| 133 | the wrecker operator's lien for which the department will |
| 134 | prevent issuance of a license plate or revalidation sticker may |
| 135 | not exceed the amount of the charges for recovery, towing, and |
| 136 | storage of the vehicle or, vessel, or mobile home for 7 days. |
| 137 | These charges may not exceed the maximum rates imposed by the |
| 138 | ordinances of the respective county or municipality under ss. |
| 139 | 125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit |
| 140 | the amount of a wrecker operator's lien claimed under subsection |
| 141 | (2) or prevent a wrecker operator from seeking civil remedies |
| 142 | for enforcement of the entire amount of the lien, but limits |
| 143 | only that portion of the lien for which the department will |
| 144 | prevent issuance of a license plate or revalidation sticker. |
| 145 | (c)1. The registered owner of a vehicle or, vessel, or |
| 146 | mobile home may dispute a wrecker operator's lien, by notifying |
| 147 | the department of the dispute in writing on forms provided by |
| 148 | the department, if at least one of the following applies: |
| 149 | a. The registered owner presents a notarized bill of sale |
| 150 | proving that the vehicle or, vessel, or mobile home was sold in |
| 151 | a private or casual sale before the vehicle or, vessel, or |
| 152 | mobile home was recovered, towed, or stored. |
| 153 | b. The registered owner presents proof that the Florida |
| 154 | certificate of title of the vehicle or, vessel, or mobile home |
| 155 | was sold to a licensed dealer as defined in s. 319.001 before |
| 156 | the vehicle or, vessel, or mobile home was recovered, towed, or |
| 157 | stored. |
| 158 |
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| 159 | If the registered owner's dispute of a wrecker operator's lien |
| 160 | complies with one of these criteria, the department shall |
| 161 | immediately remove the registered owner's name from the list of |
| 162 | those persons who may not be issued a license plate or |
| 163 | revalidation sticker for any motor vehicle under s. 320.03(8), |
| 164 | thereby allowing issuance of a license plate or revalidation |
| 165 | sticker. If the vehicle or, vessel, or mobile home is owned |
| 166 | jointly by more than one person, each registered owner must |
| 167 | dispute the wrecker operator's lien in order to be removed from |
| 168 | the list. However, the department shall deny any dispute and |
| 169 | maintain the registered owner's name on the list of those |
| 170 | persons who may not be issued a license plate or revalidation |
| 171 | sticker for any motor vehicle under s. 320.03(8) if the wrecker |
| 172 | operator has provided the department with a certified copy of |
| 173 | the judgment of a court which orders the registered owner to pay |
| 174 | the wrecker operator's lien claimed under this section. In such |
| 175 | a case, the amount of the wrecker operator's lien allowed by |
| 176 | paragraph (b) may be increased to include no more than $500 of |
| 177 | the reasonable costs and attorney's fees incurred in obtaining |
| 178 | the judgment. The department's action under this subparagraph is |
| 179 | ministerial in nature, shall not be considered final agency |
| 180 | action, and is appealable only to the county court for the |
| 181 | county in which the vehicle or, vessel, or mobile home was |
| 182 | ordered removed. |
| 183 | 2. A person against whom a wrecker operator's lien has |
| 184 | been imposed may alternatively obtain a discharge of the lien by |
| 185 | filing a complaint, challenging the validity of the lien or the |
| 186 | amount thereof, in the county court of the county in which the |
| 187 | vehicle or, vessel, or mobile home was ordered removed. Upon |
| 188 | filing of the complaint, the person may have her or his name |
| 189 | removed from the list of those persons who may not be issued a |
| 190 | license plate or revalidation sticker for any motor vehicle |
| 191 | under s. 320.03(8), thereby allowing issuance of a license plate |
| 192 | or revalidation sticker, upon posting with the court a cash or |
| 193 | surety bond or other adequate security equal to the amount of |
| 194 | the wrecker operator's lien to ensure the payment of such lien |
| 195 | in the event she or he does not prevail. Upon the posting of the |
| 196 | bond and the payment of the applicable fee set forth in s. |
| 197 | 28.24, the clerk of the court shall issue a certificate |
| 198 | notifying the department of the posting of the bond and |
| 199 | directing the department to release the wrecker operator's lien. |
| 200 | Upon determining the respective rights of the parties, the court |
| 201 | may award damages and costs in favor of the prevailing party. |
| 202 | 3. If a person against whom a wrecker operator's lien has |
| 203 | been imposed does not object to the lien, but cannot discharge |
| 204 | the lien by payment because the wrecker operator has moved or |
| 205 | gone out of business, the person may have her or his name |
| 206 | removed from the list of those persons who may not be issued a |
| 207 | license plate or revalidation sticker for any motor vehicle |
| 208 | under s. 320.03(8), thereby allowing issuance of a license plate |
| 209 | or revalidation sticker, upon posting with the clerk of court in |
| 210 | the county in which the vehicle or, vessel, or mobile home was |
| 211 | ordered removed, a cash or surety bond or other adequate |
| 212 | security equal to the amount of the wrecker operator's lien. |
| 213 | Upon the posting of the bond and the payment of the application |
| 214 | fee set forth in s. 28.24, the clerk of the court shall issue a |
| 215 | certificate notifying the department of the posting of the bond |
| 216 | and directing the department to release the wrecker operator's |
| 217 | lien. The department shall mail to the wrecker operator, at the |
| 218 | address upon the lien form, notice that the wrecker operator |
| 219 | must claim the security within 60 days, or the security will be |
| 220 | released back to the person who posted it. At the conclusion of |
| 221 | the 60 days, the department shall direct the clerk as to which |
| 222 | party is entitled to payment of the security, less applicable |
| 223 | clerk'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 |
| 226 | lien allowed by paragraph (b), the wrecker operator must issue a |
| 227 | certificate of discharged wrecker operator's lien on forms |
| 228 | provided by the department to each registered owner of the |
| 229 | vehicle or, vessel, or mobile home attesting that the amount of |
| 230 | the wrecker operator's lien allowed by paragraph (b) has been |
| 231 | discharged. Upon presentation of the certificate of discharged |
| 232 | wrecker operator's lien by the registered owner, the department |
| 233 | shall immediately remove the registered owner's name from the |
| 234 | list of those persons who may not be issued a license plate or |
| 235 | revalidation sticker for any motor vehicle under s. 320.03(8), |
| 236 | thereby allowing issuance of a license plate or revalidation |
| 237 | sticker. Issuance of a certificate of discharged wrecker |
| 238 | operator's lien under this paragraph does not discharge the |
| 239 | entire amount of the wrecker operator's lien claimed under |
| 240 | subsection (2), but only certifies to the department that the |
| 241 | amount of the wrecker operator's lien allowed by paragraph (b), |
| 242 | for which the department will prevent issuance of a license |
| 243 | plate or revalidation sticker, has been discharged. |
| 244 | (e) When a wrecker operator files a notice of wrecker |
| 245 | operator's lien under this subsection, the department shall |
| 246 | charge the wrecker operator a fee of $2, which shall be |
| 247 | deposited into the General Revenue Fund established under s. |
| 248 | 860.158. A service charge of $2.50 shall be collected and |
| 249 | retained by the tax collector who processes a notice of wrecker |
| 250 | operator's lien. |
| 251 | (f) This subsection applies only to the annual renewal in |
| 252 | the registered owner's birth month of a motor vehicle |
| 253 | registration and does not apply to the transfer of a |
| 254 | registration of a motor vehicle sold by a motor vehicle dealer |
| 255 | licensed under chapter 320, except for the transfer of |
| 256 | registrations which is inclusive of the annual renewals. This |
| 257 | subsection does not affect the issuance of the title to a motor |
| 258 | vehicle, notwithstanding s. 319.23(7)(b). |
| 259 | (g) The Department of Highway Safety and Motor Vehicles |
| 260 | may adopt rules pursuant to ss. 120.536(1) and 120.54 to |
| 261 | implement this subsection. |
| 262 |
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| 263 |
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| 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 |
| 268 | subsection (11), and subsection (13) of section 713.78, Florida |
| 269 | Statutes, are amended to read: |