| 1 | A bill to be entitled |
| 2 | An act relating to liens for recovering, towing, or |
| 3 | storing vehicles and vessels; amending s. 713.78, F.S.; |
| 4 | revising certain requirements relating to notice provided |
| 5 | by mail to the owner, insurance company, and persons |
| 6 | claiming a lien against the vehicle or vessel; requiring |
| 7 | that proof of mailing be retained and provided to certain |
| 8 | persons upon request; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 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 vehicles |
| 15 | 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 parking |
| 29 | place notifies the law enforcement agency of possession of a |
| 30 | vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable |
| 31 | law enforcement agency shall contact the Department of Highway |
| 32 | Safety and Motor Vehicles, or the appropriate agency of the |
| 33 | state of registration, if known, within 24 hours through the |
| 34 | medium of electronic communications, giving the full description |
| 35 | of the vehicle or vessel. Upon receipt of the full description |
| 36 | of the vehicle or vessel, the department shall search its files |
| 37 | to determine the owner's name, the insurance company insuring |
| 38 | the vehicle or vessel, and whether any person has filed a lien |
| 39 | upon the vehicle or vessel as provided in s. 319.27(2) and (3) |
| 40 | and notify the applicable law enforcement agency within 72 |
| 41 | hours. The person in charge of the towing service, garage, |
| 42 | repair shop, or automotive service, storage, or parking place |
| 43 | shall obtain such information from the applicable law |
| 44 | enforcement agency within 5 days after the date of storage and |
| 45 | shall give notice pursuant to paragraph (a). The department may |
| 46 | release the insurance company information to the requestor |
| 47 | notwithstanding the provisions of s. 627.736. |
| 48 | (c) Notice by certified mail, return receipt requested, |
| 49 | shall be sent within 7 business days after the date of storage |
| 50 | of the vehicle or vessel to the registered owner, the insurance |
| 51 | company insuring the vehicle notwithstanding the provisions of |
| 52 | s. 627.736, and all persons of record claiming a lien against |
| 53 | the vehicle or vessel. Proof of mailing must be retained and |
| 54 | provided to any person involved in an action upon request. The |
| 55 | notice must It shall state the fact of possession of the vehicle |
| 56 | or vessel, that a lien as provided in subsection (2) is claimed, |
| 57 | that charges have accrued and the amount thereof, that the lien |
| 58 | is subject to enforcement pursuant to law, and that the owner or |
| 59 | lienholder, if any, has the right to a hearing as set forth in |
| 60 | subsection (5), and that any vehicle or vessel that which |
| 61 | remains unclaimed, or for which the charges for recovery, |
| 62 | towing, or storage services remain unpaid, may be sold free of |
| 63 | all prior liens after 35 days if the vehicle or vessel is more |
| 64 | than 3 years of age or after 50 days if the vehicle or vessel is |
| 65 | 3 years of age or less. |
| 66 | (d) If attempts to locate the name and address of the |
| 67 | owner or lienholder prove unsuccessful, the towing-storage |
| 68 | operator shall, after 7 working days, excluding Saturday and |
| 69 | Sunday, following of the initial tow or storage, notify the |
| 70 | public agency of jurisdiction in writing by certified mail or |
| 71 | acknowledged hand delivery that the towing-storage company has |
| 72 | been unable to locate the name and address of the owner or |
| 73 | lienholder and a physical search of the vehicle or vessel has |
| 74 | disclosed no ownership information and a good faith effort has |
| 75 | been made. Proof of mailing must be retained and provided to any |
| 76 | person involved in an action upon request. For purposes of this |
| 77 | paragraph and subsection (9), "good faith effort" means that the |
| 78 | following checks have been performed by the company to establish |
| 79 | prior state of registration and for title: |
| 80 | 1. Check of vehicle or vessel for any type of tag, tag |
| 81 | record, temporary tag, or regular tag. |
| 82 | 2. Check of law enforcement report for tag number or other |
| 83 | information identifying the vehicle or vessel, if the vehicle or |
| 84 | vessel was towed at the request of a law enforcement officer. |
| 85 | 3. Check of trip sheet or tow ticket of tow truck operator |
| 86 | to see if a tag was on vehicle or vessel at beginning of tow, if |
| 87 | private tow. |
| 88 | 4. If there is no address of the owner on the impound |
| 89 | report, check of law enforcement report to see if an out-of- |
| 90 | state address is indicated from driver license information. |
| 91 | 5. Check of vehicle or vessel for inspection sticker or |
| 92 | other stickers and decals that may indicate a state of possible |
| 93 | registration. |
| 94 | 6. Check of the interior of the vehicle or vessel for any |
| 95 | papers that may be in the glove box, trunk, or other areas for a |
| 96 | state 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 |
| 100 | which should be carved, burned, stamped, embossed, or otherwise |
| 101 | permanently affixed to the outboard side of the transom or, if |
| 102 | there is no transom, to the outmost seaboard side at the end of |
| 103 | the hull that bears the rudder or other steering mechanism. |
| 104 | (6) Any vehicle or vessel that which is stored pursuant to |
| 105 | subsection (2) and that which remains unclaimed, or for which |
| 106 | reasonable charges for recovery, towing, or storing remain |
| 107 | unpaid, and any contents not released pursuant to subsection |
| 108 | (10), may be sold by the owner or operator of the storage space |
| 109 | for such towing, or storage, and other applicable charges charge |
| 110 | after 35 days following from the time the vehicle or vessel is |
| 111 | stored therein if the vehicle or vessel is more than 3 years of |
| 112 | age or after 50 days following the time the vehicle or vessel is |
| 113 | stored therein if the vehicle or vessel is 3 years of age or |
| 114 | less. The sale shall be at public auction for cash. If the date |
| 115 | of the sale was not included in the notice required in |
| 116 | subsection (4), notice of the sale shall be given to the person |
| 117 | in whose name the vehicle or vessel is registered and to all |
| 118 | persons claiming a lien on the vehicle or vessel as shown on the |
| 119 | records of the Department of Highway Safety and Motor Vehicles |
| 120 | or of the corresponding agency in any other state. Notice shall |
| 121 | be sent by certified mail, return receipt requested, to the |
| 122 | owner of the vehicle or vessel and the person having the |
| 123 | recorded lien on the vehicle or vessel at the address shown on |
| 124 | the records of the registering agency and shall be mailed not |
| 125 | less than 15 days before the date of the sale. Proof of mailing |
| 126 | must be retained and provided to any person involved in the |
| 127 | action upon request. After diligent search and inquiry, if the |
| 128 | name and address of the registered owner or the owner of the |
| 129 | recorded lien cannot be ascertained, the requirements of notice |
| 130 | by mail may be dispensed with. In addition to the notice by |
| 131 | mail, public notice of the time and place of sale shall be made |
| 132 | by publishing a notice thereof one time, at least 10 days prior |
| 133 | to the date of the sale, in a newspaper of general circulation |
| 134 | in the county in which the sale is to be held. The proceeds of |
| 135 | the sale, after payment of reasonable towing and storage |
| 136 | charges, and costs of the sale, in that order of priority, shall |
| 137 | be deposited with the clerk of the circuit court for the county |
| 138 | if the owner is absent, and the clerk shall hold such proceeds |
| 139 | subject to the claim of the person legally entitled thereto. The |
| 140 | clerk shall be entitled to receive 5 percent of such proceeds |
| 141 | for the care and disbursement thereof. The certificate of title |
| 142 | issued under this law shall be discharged of all liens unless |
| 143 | otherwise provided by court order. |
| 144 | Section 2. This act shall take effect July 1, 2006. |