HB 907

1
A bill to be entitled
2An act relating to liens for recovering, towing, or
3storing vehicles and vessels; amending s. 713.78, F.S.;
4revising certain requirements relating to notice provided
5by mail to the owner, insurance company, and persons
6claiming a lien against the vehicle or vessel; requiring
7that proof of mailing be retained and provided to certain
8persons upon request; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsections (4) and (6) of section 713.78,
13Florida Statutes, are amended to read:
14     713.78  Liens for recovering, towing, or storing vehicles
15and vessels.--
16     (4)(a)  Any person regularly engaged in the business of
17recovering, towing, or storing vehicles or vessels who comes
18into possession of a vehicle or vessel pursuant to subsection
19(2), and who claims a lien for recovery, towing, or storage
20services, shall give notice to the registered owner, the
21insurance company insuring the vehicle notwithstanding the
22provisions of s. 627.736, and to all persons claiming a lien
23thereon, as disclosed by the records in the Department of
24Highway Safety and Motor Vehicles or of a corresponding agency
25in any other state.
26     (b)  Whenever any law enforcement agency authorizes the
27removal of a vehicle or vessel or whenever any towing service,
28garage, repair shop, or automotive service, storage, or parking
29place notifies the law enforcement agency of possession of a
30vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
31law enforcement agency shall contact the Department of Highway
32Safety and Motor Vehicles, or the appropriate agency of the
33state of registration, if known, within 24 hours through the
34medium of electronic communications, giving the full description
35of the vehicle or vessel. Upon receipt of the full description
36of the vehicle or vessel, the department shall search its files
37to determine the owner's name, the insurance company insuring
38the vehicle or vessel, and whether any person has filed a lien
39upon the vehicle or vessel as provided in s. 319.27(2) and (3)
40and notify the applicable law enforcement agency within 72
41hours. The person in charge of the towing service, garage,
42repair shop, or automotive service, storage, or parking place
43shall obtain such information from the applicable law
44enforcement agency within 5 days after the date of storage and
45shall give notice pursuant to paragraph (a). The department may
46release the insurance company information to the requestor
47notwithstanding the provisions of s. 627.736.
48     (c)  Notice by certified mail, return receipt requested,
49shall be sent within 7 business days after the date of storage
50of the vehicle or vessel to the registered owner, the insurance
51company insuring the vehicle notwithstanding the provisions of
52s. 627.736, and all persons of record claiming a lien against
53the vehicle or vessel. Proof of mailing must be retained and
54provided to any person involved in an action upon request. The
55notice must It shall state the fact of possession of the vehicle
56or vessel, that a lien as provided in subsection (2) is claimed,
57that charges have accrued and the amount thereof, that the lien
58is subject to enforcement pursuant to law, and that the owner or
59lienholder, if any, has the right to a hearing as set forth in
60subsection (5), and that any vehicle or vessel that which
61remains unclaimed, or for which the charges for recovery,
62towing, or storage services remain unpaid, may be sold free of
63all prior liens after 35 days if the vehicle or vessel is more
64than 3 years of age or after 50 days if the vehicle or vessel is
653 years of age or less.
66     (d)  If attempts to locate the name and address of the
67owner or lienholder prove unsuccessful, the towing-storage
68operator shall, after 7 working days, excluding Saturday and
69Sunday, following of the initial tow or storage, notify the
70public agency of jurisdiction in writing by certified mail or
71acknowledged hand delivery that the towing-storage company has
72been unable to locate the name and address of the owner or
73lienholder and a physical search of the vehicle or vessel has
74disclosed no ownership information and a good faith effort has
75been made. Proof of mailing must be retained and provided to any
76person involved in an action upon request. For purposes of this
77paragraph and subsection (9), "good faith effort" means that the
78following checks have been performed by the company to establish
79prior state of registration and for title:
80     1.  Check of vehicle or vessel for any type of tag, tag
81record, temporary tag, or regular tag.
82     2.  Check of law enforcement report for tag number or other
83information identifying the vehicle or vessel, if the vehicle or
84vessel was towed at the request of a law enforcement officer.
85     3.  Check of trip sheet or tow ticket of tow truck operator
86to see if a tag was on vehicle or vessel at beginning of tow, if
87private tow.
88     4.  If there is no address of the owner on the impound
89report, check of law enforcement report to see if an out-of-
90state address is indicated from driver license information.
91     5.  Check of vehicle or vessel for inspection sticker or
92other stickers and decals that may indicate a state of possible
93registration.
94     6.  Check of the interior of the vehicle or vessel for any
95papers that may be in the glove box, trunk, or other areas for a
96state of registration.
97     7.  Check of vehicle for vehicle identification number.
98     8.  Check of vessel for vessel registration number.
99     9.  Check of vessel hull for a hull identification number
100which should be carved, burned, stamped, embossed, or otherwise
101permanently affixed to the outboard side of the transom or, if
102there is no transom, to the outmost seaboard side at the end of
103the hull that bears the rudder or other steering mechanism.
104     (6)  Any vehicle or vessel that which is stored pursuant to
105subsection (2) and that which remains unclaimed, or for which
106reasonable charges for recovery, towing, or storing remain
107unpaid, and any contents not released pursuant to subsection
108(10), may be sold by the owner or operator of the storage space
109for such towing, or storage, and other applicable charges charge
110after 35 days following from the time the vehicle or vessel is
111stored therein if the vehicle or vessel is more than 3 years of
112age or after 50 days following the time the vehicle or vessel is
113stored therein if the vehicle or vessel is 3 years of age or
114less. The sale shall be at public auction for cash. If the date
115of the sale was not included in the notice required in
116subsection (4), notice of the sale shall be given to the person
117in whose name the vehicle or vessel is registered and to all
118persons claiming a lien on the vehicle or vessel as shown on the
119records of the Department of Highway Safety and Motor Vehicles
120or of the corresponding agency in any other state. Notice shall
121be sent by certified mail, return receipt requested, to the
122owner of the vehicle or vessel and the person having the
123recorded lien on the vehicle or vessel at the address shown on
124the records of the registering agency and shall be mailed not
125less than 15 days before the date of the sale. Proof of mailing
126must be retained and provided to any person involved in the
127action upon request. After diligent search and inquiry, if the
128name and address of the registered owner or the owner of the
129recorded lien cannot be ascertained, the requirements of notice
130by mail may be dispensed with. In addition to the notice by
131mail, public notice of the time and place of sale shall be made
132by publishing a notice thereof one time, at least 10 days prior
133to the date of the sale, in a newspaper of general circulation
134in the county in which the sale is to be held. The proceeds of
135the sale, after payment of reasonable towing and storage
136charges, and costs of the sale, in that order of priority, shall
137be deposited with the clerk of the circuit court for the county
138if the owner is absent, and the clerk shall hold such proceeds
139subject to the claim of the person legally entitled thereto. The
140clerk shall be entitled to receive 5 percent of such proceeds
141for the care and disbursement thereof. The certificate of title
142issued under this law shall be discharged of all liens unless
143otherwise provided by court order.
144     Section 2.  This act shall take effect July 1, 2006.


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