| 1 | Representative Burgin offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 475 and 476, insert: |
| 5 | Section 11. Subsection (8) of section 322.34, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 322.34 Driving while license suspended, revoked, canceled, |
| 8 | or disqualified.-- |
| 9 | (8)(a) Upon the arrest of a person for the offense of |
| 10 | driving while the person's driver's license or driving privilege |
| 11 | is suspended or revoked, the arresting officer shall determine: |
| 12 | 1. Whether the person's driver's license is suspended or |
| 13 | revoked. |
| 14 | 2. Whether the person's driver's license has remained |
| 15 | suspended or revoked since a conviction for the offense of |
| 16 | driving with a suspended or revoked license. |
| 17 | 3. Whether the suspension or revocation was made under s. |
| 18 | 316.646 or s. 627.733, relating to failure to maintain required |
| 19 | security, or under s. 322.264, relating to habitual traffic |
| 20 | offenders. |
| 21 | 4. Whether the driver is the registered owner or coowner |
| 22 | of the vehicle. |
| 23 | (b) If the arresting officer finds in the affirmative as |
| 24 | to all of the criteria in paragraph (a), the officer shall |
| 25 | immediately impound or immobilize the vehicle. |
| 26 | (c) Within 7 business days after the date the arresting |
| 27 | agency impounds or immobilizes the vehicle, either the arresting |
| 28 | agency or the towing service, whichever is in possession of the |
| 29 | vehicle, shall send notice by certified mail, return receipt |
| 30 | requested, to any coregistered owners of the vehicle other than |
| 31 | the person arrested and to each person of record claiming a lien |
| 32 | against the vehicle. All costs and fees for the impoundment or |
| 33 | immobilization, including the cost of notification, must be paid |
| 34 | by the owner of the vehicle or, if the vehicle is leased, by the |
| 35 | person leasing the vehicle. |
| 36 | (d) Either the arresting agency or the towing service, |
| 37 | whichever is in possession of the vehicle, shall determine |
| 38 | whether any vehicle impounded or immobilized under this section |
| 39 | has been leased or rented or if there are any persons of record |
| 40 | with a lien upon the vehicle. Either the arresting agency or the |
| 41 | towing service, whichever is in possession of the vehicle, shall |
| 42 | notify by express courier service with receipt or certified |
| 43 | mail, return receipt requested, within 7 business days after the |
| 44 | date of the immobilization or impoundment of the vehicle, the |
| 45 | registered owner and all persons having a recorded lien against |
| 46 | the vehicle that the vehicle has been impounded or immobilized. |
| 47 | A lessor, rental car company, or lienholder may then obtain the |
| 48 | vehicle, upon payment of any lawful towing or storage charges. |
| 49 | If the vehicle is a rental vehicle subject to a written |
| 50 | contract, the charges may be separately charged to the renter, |
| 51 | in addition to the rental rate, along with other separate fees, |
| 52 | charges, and recoupments disclosed on the rental agreement. If |
| 53 | the storage facility fails to provide timely notice to a lessor, |
| 54 | rental car company, or lienholder as required by this paragraph, |
| 55 | the storage facility shall be responsible for payment of any |
| 56 | towing or storage charges necessary to release the vehicle to a |
| 57 | lessor, rental car company, or lienholder that accrue after the |
| 58 | notice period, which charges may then be assessed against the |
| 59 | driver of the vehicle if the vehicle was lawfully impounded or |
| 60 | immobilized. |
| 61 | (e) Except as provided in paragraph (d), the vehicle shall |
| 62 | remain impounded or immobilized for any period imposed by the |
| 63 | court until: |
| 64 | 1. The owner presents proof of insurance to the arresting |
| 65 | agency; or |
| 66 | 2. The owner presents proof of sale of the vehicle to the |
| 67 | arresting agency and the buyer presents proof of insurance to |
| 68 | the arresting agency. |
| 69 |
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| 70 | If proof is not presented within 35 days after the impoundment |
| 71 | or immobilization, a lien shall be placed upon such vehicle |
| 72 | pursuant to s. 713.78. |
| 73 | (f) The owner of a vehicle that is impounded or |
| 74 | immobilized under this subsection may, within 10 days after the |
| 75 | date the owner has knowledge of the location of the vehicle, |
| 76 | file a complaint in the county in which the owner resides to |
| 77 | determine whether the vehicle was wrongfully taken or withheld. |
| 78 | Upon the filing of a complaint, the owner or lienholder may have |
| 79 | the vehicle released by posting with the court a bond or other |
| 80 | adequate security equal to the amount of the costs and fees for |
| 81 | impoundment or immobilization, including towing or storage, to |
| 82 | ensure the payment of such costs and fees if the owner or |
| 83 | lienholder does not prevail. When the vehicle owner or |
| 84 | lienholder does not prevail on a complaint that the vehicle was |
| 85 | wrongfully taken or withheld, he or she must pay the accrued |
| 86 | charges for the immobilization or impoundment, including any |
| 87 | towing and storage charges assessed against the vehicle. When |
| 88 | the bond is posted and the fee is paid as set forth in s. 28.24, |
| 89 | the clerk of the court shall issue a certificate releasing the |
| 90 | vehicle. At the time of release, after reasonable inspection, |
| 91 | the owner must give a receipt to the towing or storage company |
| 92 | indicating any loss or damage to the vehicle or to the contents |
| 93 | of the vehicle. |
| 94 | Section 12. Subsections (4), (5), (6), and (10) of section |
| 95 | 713.78, Florida Statutes, are amended to read: |
| 96 | 713.78 Liens for recovering, towing, or storing vehicles |
| 97 | and vessels.-- |
| 98 | (4)(a) Any person regularly engaged in the business of |
| 99 | recovering, towing, or storing vehicles or vessels who comes |
| 100 | into possession of a vehicle or vessel pursuant to subsection |
| 101 | (2), and who claims a lien for recovery, towing, or storage |
| 102 | services, shall give notice to the registered owner, the |
| 103 | insurance company insuring the vehicle notwithstanding the |
| 104 | provisions of s. 627.736, and to all persons claiming a lien |
| 105 | thereon, as disclosed by the records in the Department of |
| 106 | Highway Safety and Motor Vehicles or of a corresponding agency |
| 107 | in any other state. |
| 108 | (b) Whenever any law enforcement agency authorizes the |
| 109 | removal of a vehicle or vessel or whenever any towing service, |
| 110 | garage, repair shop, or automotive service, storage, or parking |
| 111 | place notifies the law enforcement agency of possession of a |
| 112 | vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable |
| 113 | law enforcement agency of the jurisdiction where the vehicle or |
| 114 | vessel is stored shall contact the Department of Highway Safety |
| 115 | and Motor Vehicles, or the appropriate agency of the state of |
| 116 | registration, if known, within 24 hours through the medium of |
| 117 | electronic communications, giving the full description of the |
| 118 | vehicle or vessel. Upon receipt of the full description of the |
| 119 | vehicle or vessel, the department shall search its files to |
| 120 | determine the owner's name, the insurance company insuring the |
| 121 | vehicle or vessel, and whether any person has filed a lien upon |
| 122 | the vehicle or vessel as provided in s. 319.27(2) and (3) and |
| 123 | notify the applicable law enforcement agency within 72 hours. |
| 124 | The person in charge of the towing service, garage, repair shop, |
| 125 | or automotive service, storage, or parking place shall obtain |
| 126 | such information from the applicable law enforcement agency |
| 127 | within 5 days after the date of storage and shall give notice |
| 128 | pursuant to paragraph (a). The department may release the |
| 129 | insurance company information to the requestor notwithstanding |
| 130 | the provisions of s. 627.736. |
| 131 | (c) Notice by certified mail, return receipt requested, |
| 132 | shall be sent within 7 business days after the date of storage |
| 133 | of the vehicle or vessel to the registered owner, the insurance |
| 134 | company insuring the vehicle notwithstanding the provisions of |
| 135 | s. 627.736, and all persons of record claiming a lien against |
| 136 | the vehicle or vessel. It shall state the fact of possession of |
| 137 | the vehicle or vessel, that a lien as provided in subsection (2) |
| 138 | is claimed, that charges have accrued and the amount thereof, |
| 139 | that the lien is subject to enforcement pursuant to law, and |
| 140 | that the owner or lienholder, if any, has the right to a hearing |
| 141 | as set forth in subsection (5), and that any vehicle or vessel |
| 142 | which remains unclaimed, or for which the charges for recovery, |
| 143 | towing, or storage services remain unpaid, may be sold free of |
| 144 | all prior liens after 35 days if the vehicle or vessel is more |
| 145 | than 3 years of age or after 50 days if the vehicle or vessel is |
| 146 | 3 years of age or less. |
| 147 | (d) If attempts to locate the name and address of the |
| 148 | owner or lienholder prove unsuccessful, the towing-storage |
| 149 | operator shall, after 7 working days, excluding Saturday and |
| 150 | Sunday, of the initial tow or storage, notify the public agency |
| 151 | of jurisdiction where the vehicle or vessel is stored in writing |
| 152 | by certified mail or acknowledged hand delivery that the towing- |
| 153 | storage company has been unable to locate the name and address |
| 154 | of the owner or lienholder and a physical search of the vehicle |
| 155 | or vessel has disclosed no ownership information and a good |
| 156 | faith effort has been made. For purposes of this paragraph and |
| 157 | subsection (9), "good faith effort" means that the following |
| 158 | checks have been performed by the company to establish prior |
| 159 | state of registration and for title: |
| 160 | 1. Check of vehicle or vessel for any type of tag, tag |
| 161 | record, temporary tag, or regular tag. |
| 162 | 2. Check of law enforcement report for tag number or other |
| 163 | information identifying the vehicle or vessel, if the vehicle or |
| 164 | vessel was towed at the request of a law enforcement officer. |
| 165 | 3. Check of trip sheet or tow ticket of tow truck operator |
| 166 | to see if a tag was on vehicle or vessel at beginning of tow, if |
| 167 | private tow. |
| 168 | 4. If there is no address of the owner on the impound |
| 169 | report, check of law enforcement report to see if an out-of- |
| 170 | state address is indicated from driver license information. |
| 171 | 5. Check of vehicle or vessel for inspection sticker or |
| 172 | other stickers and decals that may indicate a state of possible |
| 173 | registration. |
| 174 | 6. Check of the interior of the vehicle or vessel for any |
| 175 | papers that may be in the glove box, trunk, or other areas for a |
| 176 | state of registration. |
| 177 | 7. Check of vehicle for vehicle identification number. |
| 178 | 8. Check of vessel for vessel registration number. |
| 179 | 9. Check of vessel hull for a hull identification number |
| 180 | which should be carved, burned, stamped, embossed, or otherwise |
| 181 | permanently affixed to the outboard side of the transom or, if |
| 182 | there is no transom, to the outmost seaboard side at the end of |
| 183 | the hull that bears the rudder or other steering mechanism. |
| 184 | (5)(a) The owner of a vehicle or vessel removed pursuant |
| 185 | to the provisions of subsection (2), or any person claiming a |
| 186 | lien, other than the towing-storage operator, within 10 days |
| 187 | after the time she or he has knowledge of the location of the |
| 188 | vehicle or vessel, may file a complaint in the county court of |
| 189 | the county in which the vehicle or vessel is stored or in which |
| 190 | the owner resides to determine if her or his property was |
| 191 | wrongfully taken or withheld from her or him. |
| 192 | (b) Upon filing of a complaint, an owner or lienholder may |
| 193 | have her or his vehicle or vessel released upon posting with the |
| 194 | court a cash or surety bond or other adequate security equal to |
| 195 | the amount of the charges for towing or storage and lot rental |
| 196 | amount to ensure the payment of such charges in the event she or |
| 197 | he does not prevail. Upon the posting of the bond and the |
| 198 | payment of the applicable fee set forth in s. 28.24, the clerk |
| 199 | of the court shall issue a certificate notifying the lienor of |
| 200 | the posting of the bond and directing the lienor to release the |
| 201 | vehicle or vessel. At the time of such release, after reasonable |
| 202 | inspection, she or he shall give a receipt to the towing-storage |
| 203 | company reciting any claims she or he has for loss or damage to |
| 204 | the vehicle or vessel or the contents thereof. |
| 205 | (c) Upon determining the respective rights of the parties, |
| 206 | the court may award damages, attorney's fees, and costs in favor |
| 207 | of the prevailing party. In any event, the final order shall |
| 208 | provide for immediate payment in full of recovery, towing, and |
| 209 | storage fees by the vehicle or vessel owner or lienholder; or |
| 210 | the agency ordering the tow; or the owner, lessee, or agent |
| 211 | thereof of the property from which the vehicle or vessel was |
| 212 | removed. |
| 213 | (6) Any vehicle or vessel which is stored pursuant to |
| 214 | subsection (2) and which remains unclaimed, or for which |
| 215 | reasonable charges for recovery, towing, or storing remain |
| 216 | unpaid, and any contents not released pursuant to subsection |
| 217 | (10), may be sold by the owner or operator of the storage space |
| 218 | for such towing or storage charge after 35 days from the time |
| 219 | the vehicle or vessel is stored therein if the vehicle or vessel |
| 220 | is more than 3 years of age or after 50 days following the time |
| 221 | the vehicle or vessel is stored therein if the vehicle or vessel |
| 222 | is 3 years of age or less. The sale shall be at public sale |
| 223 | auction for cash. If the date of the sale was not included in |
| 224 | the notice required in subsection (4), notice of the sale shall |
| 225 | be given to the person in whose name the vehicle or vessel is |
| 226 | registered and to all persons claiming a lien on the vehicle or |
| 227 | vessel as shown on the records of the Department of Highway |
| 228 | Safety and Motor Vehicles or of the corresponding agency in any |
| 229 | other state. Notice shall be sent by certified mail, return |
| 230 | receipt requested, to the owner of the vehicle or vessel and the |
| 231 | person having the recorded lien on the vehicle or vessel at the |
| 232 | address shown on the records of the registering agency and shall |
| 233 | be mailed not less than 15 days before the date of the sale. |
| 234 | After diligent search and inquiry, if the name and address of |
| 235 | the registered owner or the owner of the recorded lien cannot be |
| 236 | ascertained, the requirements of notice by mail may be dispensed |
| 237 | with. In addition to the notice by mail, public notice of the |
| 238 | time and place of sale shall be made by publishing a notice |
| 239 | thereof one time, at least 10 days prior to the date of the |
| 240 | sale, in a newspaper of general circulation in the county in |
| 241 | which the sale is to be held. The proceeds of the sale, after |
| 242 | payment of reasonable towing and storage charges, and costs of |
| 243 | the sale, in that order of priority, shall be deposited with the |
| 244 | clerk of the circuit court for the county if the owner or |
| 245 | lienholder is absent, and the clerk shall hold such proceeds |
| 246 | subject to the claim of the owner or lienholder person legally |
| 247 | entitled thereto. The clerk shall be entitled to receive 5 |
| 248 | percent of such proceeds for the care and disbursement thereof. |
| 249 | The certificate of title issued under this law shall be |
| 250 | discharged of all liens unless otherwise provided by court |
| 251 | order. The owner or lienholder may file a complaint after the |
| 252 | vehicle or vessel has been sold in the county court of the |
| 253 | county in which it is stored. Upon determining the respective |
| 254 | rights of the parties, the court may award damages, attorney's |
| 255 | fees, and costs in favor of the prevailing party. |
| 256 | (10) Persons who provide services pursuant to this section |
| 257 | shall permit vehicle or vessel owners, lienholders, or their |
| 258 | agents, which agency is evidenced by an original writing |
| 259 | acknowledged by the owner before a notary public or other person |
| 260 | empowered by law to administer oaths, to inspect the towed |
| 261 | vehicle or vessel and shall release to the owner, lienholder, or |
| 262 | agent the vehicle, vessel, or all personal property not affixed |
| 263 | to the vehicle or vessel which was in the vehicle or vessel at |
| 264 | the time the vehicle or vessel came into the custody of the |
| 265 | person providing such services. |
| 266 |
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| 267 | ----------------------------------------------------- |
| 268 | T I T L E A M E N D M E N T |
| 269 | Between lines 34 and 35, insert: |
| 270 | amending s. 322.34, F.S.; creating certain rights for |
| 271 | lienholders; deleting a return receipt mailing requirement; |
| 272 | amending s. 713.78, F.S.; clarifying provisions; deleting a |
| 273 | return receipt mailing requirement; creating certain rights for |
| 274 | lienholders; deleting a provision that allows a complaint to be |
| 275 | filed in the county where the owner resides; creating a cause of |
| 276 | action to determine the rights of the parties after a vehicle or |
| 277 | vessel has been sold; providing for attorney's fees and costs; |
| 278 | providing a right of inspection to lienholders; |