Senate Bill sb1218

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    Florida Senate - 2006                                  SB 1218

    By Senator Bennett





    21-571A-06

  1                      A bill to be entitled

  2         An act relating to liens for recovering,

  3         towing, or storing vehicles and vessels;

  4         amending s. 713.78, F.S.; revising certain

  5         requirements that notice be provided by mail to

  6         the owner, insurance company, and persons

  7         claiming a lien against the vehicle or vessel;

  8         providing an effective date.

  9  

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

11  

12         Section 1.  Subsections (4) and (6) of section 713.78,

13  Florida Statutes, are amended to read:

14         713.78  Liens for recovering, towing, or storing

15  vehicles and vessels.--

16         (4)(a)  Any person regularly engaged in the business of

17  recovering, towing, or storing vehicles or vessels who comes

18  into possession of a vehicle or vessel pursuant to subsection

19  (2), and who claims a lien for recovery, towing, or storage

20  services, shall give notice to the registered owner, the

21  insurance company insuring the vehicle notwithstanding the

22  provisions of s. 627.736, and to all persons claiming a lien

23  thereon, as disclosed by the records in the Department of

24  Highway Safety and Motor Vehicles or of a corresponding agency

25  in any other state.

26         (b)  Whenever any law enforcement agency authorizes the

27  removal of a vehicle or vessel or whenever any towing service,

28  garage, repair shop, or automotive service, storage, or

29  parking place notifies the law enforcement agency of

30  possession of a vehicle or vessel pursuant to s.

31  715.07(2)(a)2., the applicable law enforcement agency shall

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    Florida Senate - 2006                                  SB 1218
    21-571A-06




 1  contact the Department of Highway Safety and Motor Vehicles,

 2  or the appropriate agency of the state of registration, if

 3  known, within 24 hours through the medium of electronic

 4  communications, giving the full description of the vehicle or

 5  vessel. Upon receipt of the full description of the vehicle or

 6  vessel, the department shall search its files to determine the

 7  owner's name, the insurance company insuring the vehicle or

 8  vessel, and whether any person has filed a lien upon the

 9  vehicle or vessel as provided in s. 319.27(2) and (3) and

10  notify the applicable law enforcement agency within 72 hours.

11  The person in charge of the towing service, garage, repair

12  shop, or automotive service, storage, or parking place shall

13  obtain such information from the  applicable law enforcement

14  agency within 5 days after the date of storage and shall give

15  notice pursuant to paragraph (a). The department may release

16  the insurance company information to the requestor

17  notwithstanding the provisions of s. 627.736.

18         (c)  Notice by certified mail, return receipt

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

20  of storage of the vehicle or vessel to the registered owner,

21  the insurance company insuring the vehicle notwithstanding the

22  provisions of s. 627.736, and all persons of record claiming a

23  lien against the vehicle or vessel. Proof of mailing must be

24  retained and provided to any person involved in an action upon

25  request. The notice must It shall state the fact of possession

26  of the vehicle or vessel, that a lien as provided in

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

28  amount thereof, that the lien is subject to enforcement

29  pursuant to law, and that the owner or lienholder, if any, has

30  the right to a hearing as set forth in subsection (5), and

31  that any vehicle or vessel that which remains unclaimed, or

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    Florida Senate - 2006                                  SB 1218
    21-571A-06




 1  for which the charges for recovery, towing, or storage

 2  services remain unpaid, may be sold free of all prior liens

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

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

 5  age or less.

 6         (d)  If attempts to locate the name and address of the

 7  owner or lienholder prove unsuccessful, the towing-storage

 8  operator shall, after 7 working days, excluding Saturday and

 9  Sunday, following of the initial tow or storage, notify the

10  public agency of jurisdiction in writing by certified mail or

11  acknowledged hand delivery that the towing-storage company has

12  been unable to locate the name and address of the owner or

13  lienholder and a physical search of the vehicle or vessel has

14  disclosed no ownership information and a good faith effort has

15  been made. Proof of mailing must be retained and provided to

16  any person involved in an action upon request. For purposes of

17  this paragraph and subsection (9), "good faith effort" means

18  that the following checks have been performed by the company

19  to establish prior state of registration and for title:

20         1.  Check of vehicle or vessel for any type of tag, tag

21  record, temporary tag, or regular tag.

22         2.  Check of law enforcement report for tag number or

23  other information identifying the vehicle or vessel, if the

24  vehicle or vessel was towed at the request of a law

25  enforcement officer.

26         3.  Check of trip sheet or tow ticket of tow truck

27  operator to see if a tag was on vehicle or vessel at beginning

28  of tow, if private tow.

29         4.  If there is no address of the owner on the impound

30  report, check of law enforcement report to see if an

31  

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    Florida Senate - 2006                                  SB 1218
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 1  out-of-state address is indicated from driver license

 2  information.

 3         5.  Check of vehicle or vessel for inspection sticker

 4  or other stickers and decals that may indicate a state of

 5  possible registration.

 6         6.  Check of the interior of the vehicle or vessel for

 7  any papers that may be in the glove box, trunk, or other areas

 8  for a state of registration.

 9         7.  Check of vehicle for vehicle identification number.

10         8.  Check of vessel for vessel registration number.

11         9.  Check of vessel hull for a hull identification

12  number which should be carved, burned, stamped, embossed, or

13  otherwise permanently affixed to the outboard side of the

14  transom or, if there is no transom, to the outmost seaboard

15  side at the end of the hull that bears the rudder or other

16  steering mechanism.

17         (6)  Any vehicle or vessel that which is stored

18  pursuant to subsection (2) and that which remains unclaimed,

19  or for which reasonable charges for recovery, towing, or

20  storing remain unpaid, and any contents not released pursuant

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

22  the storage space for such towing, or storage, and other

23  applicable charges charge after 35 days following from the

24  time the vehicle or vessel is stored therein if the vehicle or

25  vessel is more than 3 years of age or after 50 days following

26  the time the vehicle or vessel is stored therein if the

27  vehicle or vessel is 3 years of age or less. The sale shall be

28  at public auction for cash. If the date of the sale was not

29  included in the notice required in subsection (4), notice of

30  the sale shall be given to the person in whose name the

31  vehicle or vessel is registered and to all persons claiming a

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    Florida Senate - 2006                                  SB 1218
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 1  lien on the vehicle or vessel as shown on the records of the

 2  Department of Highway Safety and Motor Vehicles or of the

 3  corresponding agency in any other state. Notice shall be sent

 4  by certified mail, return receipt requested, to the owner of

 5  the vehicle or vessel and the person having the recorded lien

 6  on the vehicle or vessel at the address shown on the records

 7  of the registering agency and shall be mailed not less than 15

 8  days before the date of the sale. Proof of mailing must be

 9  retained and provided to any person involved in the action

10  upon request. After diligent search and inquiry, if the name

11  and address of the registered owner or the owner of the

12  recorded lien cannot be ascertained, the requirements of

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

14  notice by mail, public notice of the time and place of sale

15  shall be made by publishing a notice thereof one time, at

16  least 10 days prior to the date of the sale, in a newspaper of

17  general circulation in the county in which the sale is to be

18  held.  The proceeds of the sale, after payment of reasonable

19  towing and storage charges, and costs of the sale, in that

20  order of priority, shall be deposited with the clerk of the

21  circuit court for the county if the owner is absent, and the

22  clerk shall hold such proceeds subject to the claim of the

23  person legally entitled thereto. The clerk shall be entitled

24  to receive 5 percent of such proceeds for the care and

25  disbursement thereof.  The certificate of title issued under

26  this law shall be discharged of all liens unless otherwise

27  provided by court order.

28         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 1218
    21-571A-06




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 2                          SENATE SUMMARY

 3    Revises certain notice-by-mail requirements relating to
      liens for recovering, towing, or storing vehicles and
 4    vessels. Deletes a requirement that certain notices be
      sent by certified mail with a return receipt requested.
 5    Requires that proof of mailing be retained and provided
      upon request.
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