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. |