HB 1179

1
A bill to be entitled
2An act relating to motor vehicle lien enforcement;
3amending s. 30.231, F.S.; authorizing sheriffs expediting
4execution of a writ of replevin to recover certain
5additional expenses; amending s. 30.30, F.S.; requiring
6sheriffs to expedite certain writs of replevin within a
7specified amount of time; amending s. 78.065, F.S.;
8requiring courts to advance certain matters related to
9writs of replevin on the calendar and provide a ruling
10within a specified amount of time; amending s. 78.068,
11F.S.; requiring courts to advance certain matters related
12to prejudgment writs of replevin on the calendar and
13provide a ruling within a specified amount of time;
14amending s. 319.24, F.S.; extending the time certain motor
15vehicle lienholders have to deliver a certificate of title
16indicating a lien satisfaction or notify the person
17satisfying the lien that the title is not available;
18amending s. 320.02, F.S.; authorizing the Department of
19Highway Safety and Motor Vehicles to withhold
20registration, renewal of registration, or replacement
21registration of specified motor vehicles; creating s.
22320.1315, F.S.; requiring the department to develop an
23electronic notification system for certain purposes;
24authorizing certain motor vehicle floor plan financers to
25provide the department with certain information; providing
26responsibilities of the department relating to
27notification of the issuance of temporary tags;
28authorizing the department to adopt rules; amending s.
29320.0609, F.S.; requiring the issuance and display of a
30temporary tag under certain conditions; amending s.
31320.131, F.S.; extending the authority of the department
32to design, issue, and regulate the use of temporary tags
33in cases involving transfer of a registration license
34plate; amending s. 559.903, F.S.; defining the terms
35"lienholder" and "owner" for purposes of the "Florida
36Motor Vehicle Repair Act"; amending s. 559.917, F.S.;
37providing for a motor vehicle owner or lienholder to
38obtain the release of a motor vehicle from a motor vehicle
39repair shop; amending s. 713.585, F.S.; modifying
40procedures for enforcing liens for labor or services by
41sale of a motor vehicle; amending s. 818.01, F.S.;
42providing penalties for the encumbrance, removal,
43destruction, or concealment of certain personal property;
44providing responsibilities of the department relating to
45the issuance of a license plate, revalidation sticker, or
46replacement license plate; requiring the department to
47create a notice to surrender form; providing procedures
48for the dispute of a notice to surrender; authorizing
49certain secured parties to move in a court of competent
50jurisdiction that the party be allowed to retain
51possession of collateral as security for a debt; providing
52an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Subsection (2) of section 30.231, Florida
57Statutes, is amended to read:
58     30.231  Sheriffs' fees for service of summons, subpoenas,
59and executions.--
60     (2)  For levying on property and for the seizure of
61persons, the sheriff shall be allowed anticipated expenses
62necessary for the execution of the process directing such levy
63or seizure and for the safekeeping of property and persons in
64the custody of the sheriff. A reasonable cost deposit to cover
65said fees and expenses in connection with the requested services
66shall be deposited in advance, by the party requesting the
67service, with the officer requested to perform the service. If
68the sheriff is required to expedite execution of a writ of
69replevin pursuant to s. 30.30, the sheriff may recover
70additional expenses, including payment of off-duty deputy
71sheriffs, to expedite execution of the writ of replevin.
72     Section 2.  Subsection (1) of section 30.30, Florida
73Statutes, is amended to read:
74     30.30  Writs, process; duties and liabilities in levying.--
75     (1)  Whenever any writ, issuing out of any court of this
76state is, shall be delivered to a sheriff, commanding the
77sheriff to levy upon property specifically described therein, it
78shall be his or her duty to levy upon such property. If a party
79to whom a writ of replevin has been issued requests expedited
80service of the writ, the sheriff shall expedite service no later
81than 3 days after such request, subject to payment of the
82additional expenses allowed by s. 30.231(2). If no property is
83specifically described in the writ, the sheriff he or she shall
84levy upon:
85     (a)  Any property in the possession of the defendant which
86is described in instructions for levy; and
87     (b)  Upon any property assessed against the defendant on
88the current tax rolls of the county or registered in his or her
89name under any law of the United States or of the state, upon
90the request of the plaintiff or the plaintiff's attorney listing
91such property in an instructions for levy. The instructions for
92levy shall state the balance due on such writ.
93     Section 3.  Subsection (1) of section 78.065, Florida
94Statutes, is amended to read:
95     78.065  Order to show cause; contents.--
96     (1)  The court without delay shall examine the complaint
97filed; and, if on the basis of the complaint and further showing
98of the plaintiff in support of it the court finds that the
99defendant has waived in accordance with s. 78.075 his or her
100right to be notified and heard, the court shall promptly issue
101an order authorizing the clerk of the court to issue a writ of
102replevin. The court shall advance the cause on the calendar and
103shall rule on whether a writ of replevin will be issued within 3
104days after the date the civil action seeking issuance of the
105writ of replevin is filed.
106     Section 4.  Subsection (1) of section 78.068, Florida
107Statutes, is amended to read:
108     78.068  Prejudgment writ of replevin.--
109     (1)  A prejudgment writ of replevin may be issued and the
110property seized delivered forthwith to the petitioners when the
111nature of the claim and the amount thereof, if any, and the
112grounds relied upon for the issuance of the writ clearly appear
113from specific facts shown by the verified petition or by
114separate affidavit of the petitioner. The court shall advance
115the cause on the calendar and shall rule on whether a writ of
116replevin will be issued within 3 days after the date the civil
117action seeking issuance of the writ of replevin is filed.
118     Section 5.  Paragraph (a) of subsection (5) of section
119319.24, Florida Statutes, is amended to read:
120     319.24  Issuance in duplicate; delivery; liens and
121encumbrances.--
122     (5)(a)  Upon satisfaction of any first lien or encumbrance
123recorded at the department, the owner of the motor vehicle or
124mobile home, as shown on the title certificate, or the person
125satisfying the lien shall be entitled to demand and receive from
126the lienholder a satisfaction of the lien. If the lienholder,
127upon satisfaction of the lien and upon demand, fails or refuses
128to furnish a satisfaction thereof within 30 days after demand,
129he or she shall be held liable for all costs, damages, and
130expenses, including reasonable attorney's fees, lawfully
131incurred by the titled owner or person satisfying the lien in
132any suit brought in this state for cancellation of the lien. A
133motor vehicle dealer acquiring ownership of a motor vehicle with
134an outstanding purchase money lien, shall pay and satisfy the
135outstanding lien within 10 working days after of acquiring
136ownership. The lienholder receiving final payment as defined in
137s. 674.215 shall mail or otherwise deliver a lien satisfaction
138and the certificate of title indicating the satisfaction within
13915 10 working days after of receipt of such final payment or
140notify the person satisfying the lien that the title is not
141available within 15 10 working days after of receipt of such
142final payment. If the lienholder is unable to provide the
143certificate of title and notifies the person of such, the
144lienholder shall provide a lien satisfaction and shall be
145responsible for the cost of a duplicate title, including fast
146title charges as provided in s. 319.323. The provisions of this
147paragraph shall not apply to electronic transactions pursuant to
148subsection (9).
149     Section 6.  Subsection (17) is added to section 320.02,
150Florida Statutes, to read:
151     320.02  Registration required; application for
152registration; forms.--
153     (17)  If any applicant's name appears on a list of persons
154who may not be issued a license plate, revalidation sticker, or
155replacement license plate pursuant to a written notice to
156surrender a vehicle submitted to the department by a lienor as
157provided in s. 818.01(3), the department may withhold
158registration, renewal of registration, or replacement
159registration of any motor vehicle owned by the applicant at the
160time the notice was submitted by the lienor. The lienor must
161maintain proof that written notice to surrender the vehicle was
162sent to each registered owner pursuant to s. 818.01(3). A
163license plate, revalidation sticker, or replacement license
164plate may not be issued until that person's name no longer
165appears on the list or until the person presents documentation
166from the lienor that the vehicle has been surrendered to the
167lienor.
168     Section 7.  Section 320.1315, Florida Statutes, is created
169to read:
170     320.1315  Electronic notification to motor vehicle floor
171plan financers upon issuance of temporary tags.--
172     (1)  In order to protect the integrity of the motor vehicle
173financing market, the department is directed to develop an
174electronic notification system that will notify motor vehicle
175floor plan financers of any temporary tag that is issued on a
176motor vehicle that is in the inventory of a secured debtor.
177     (2)  Motor vehicle floor plan financers may notify the
178department of the motor vehicle dealer names and license numbers
179of any secured debtors in which the financer has perfected a
180security interest pursuant to chapter 679 or other applicable
181law.
182     (3)  Using the motor vehicle dealer name or license number,
183the department shall query each temporary tag issued in the
184state and, when a match occurs, shall electronically notify any
185floor plan financer that has requested notification that a
186temporary tag has been issued. Included in the notice shall be
187the vehicle identification number, the motor vehicle dealer name
188and license number that is associated with the temporary tag,
189and the date of issuance of the temporary tag.
190     (4)  Upon termination of a perfected security interest in
191the inventory of a secured debtor, a floor plan financer shall
192notify the department of such termination and the department
193shall no longer be required to notify the financer of temporary
194tags issued on motor vehicles that are in the inventory of the
195secured debtor.
196     (5)  The department may adopt rules pursuant to ss.
197120.536(1) and 120.54 to implement this section.
198     Section 8.  Subsection (2) of section 320.0609, Florida
199Statutes, are amended to read:
200     320.0609  Transfer and exchange of registration license
201plates; transfer fee.--
202     (2)(a)  Upon a sale, trade, transfer, or other disposition
203of a motor vehicle, the owner shall remove the registration
204license plate therefrom and either return it or transfer it to a
205replacement motor vehicle. No registration license plate shall
206be temporarily or permanently attached to any new or used
207replacement or substitute vehicle without filing an application
208for transfer of such registration license plate and paying the
209transfer fee of $4.50 to the department.
210     (b)  The requirement to pay a transfer fee does not apply
211when the replacement vehicle is classified under s.
212320.08(2)(b), (c), or (d) or (3)(a), (b), or (c) and the
213original vehicle to be replaced is also classified under s.
214320.08(2)(b), (c), or (d) or (3)(a), (b), or (c).
215     (c)  When a retail sale by a licensed motor vehicle dealer
216results in the transfer of a license plate, a temporary tag
217shall be issued and displayed during the time that the
218application for transfer of such registration license plate is
219being processed except when the department's records reflect
220that the transfer has occurred.
221     Section 9.  Paragraph (m) is added to subsection (1) of
222section 320.131, Florida Statutes, to read:
223     320.131  Temporary tags.--
224     (1)  The department is authorized and empowered to design,
225issue, and regulate the use of temporary tags to be designated
226"temporary tags" for use in the following cases:
227     (m)  For a retail sale by a licensed dealer when an
228application for the transfer of a registration license plate is
229being processed.
230
231Further, the department is authorized to disallow the purchase
232of temporary tags by licensed dealers, common carriers, or
233financial institutions in those cases where abuse has occurred.
234     Section 10.  Section 559.903, Florida Statutes, is amended
235to read:
236     559.903  Definitions.--As used in this act:
237     (1)  "Customer" means the person who signs the written
238repair estimate or any other person whom the person who signs
239the written repair estimate designates on the written repair
240estimate as a person who may authorize repair work.
241     (2)  "Department" means the Department of Agriculture and
242Consumer Services.
243     (3)  "Employee" means an individual who is employed full
244time or part time by a motor vehicle repair shop and performs
245motor vehicle repair.
246     (4)  "Final estimate" means the last estimate approved by
247the customer either in writing or orally, as evidenced by the
248written repair estimate.
249     (5)  "Lienholder" means the person or entity that holds a
250lien or security interest on the motor vehicle and who perfected
251the lien or security interest on the motor vehicle pursuant to
252s. 319.27.
253     (6)(5)  "Motor vehicle" means any automobile, truck, bus,
254recreational vehicle, motorcycle, motor scooter, or other motor
255powered vehicle, but does not include trailers, mobile homes,
256travel trailers, trailer coaches without independent motive
257power, watercraft or aircraft, or special mobile equipment as
258defined in s. 316.003(48).
259     (7)(8)  "Motor vehicle repair" means all maintenance of and
260modifications and repairs to motor vehicles, and diagnostic work
261incident thereto, including, but not limited to, the rebuilding
262or restoring of rebuilt vehicles, body work, painting, warranty
263work, and other work customarily undertaken by motor vehicle
264repair shops.
265     (8)(6)  "Motor vehicle repair shop" means any person who,
266for compensation, engages or attempts to engage in the repair of
267motor vehicles owned by other persons and includes, but is not
268limited to: mobile motor vehicle repair shops, motor vehicle and
269recreational vehicle dealers; garages; service stations; self-
270employed individuals; truck stops; paint and body shops; brake,
271muffler, or transmission shops; and shops doing glass work. Any
272person who engages solely in the maintenance or repair of the
273coach portion of a recreational vehicle is not a motor vehicle
274repair shop.
275     (9)  "Owner" means the person or persons whose names appear
276on the title to the motor vehicle.
277     (10)(7)  "Place of business" means a physical place where
278the business of motor vehicle repair is conducted, including any
279vehicle constituting a mobile motor vehicle repair shop from
280which the business of motor vehicle repair is conducted.
281     Section 11.  Section 559.917, Florida Statutes, is amended
282to read:
283     559.917  Bond to release possessory lien claimed by motor
284vehicle repair shop.--
285     (1)(a)  Any customer may obtain the release of her or his
286motor vehicle from any lien claimed under part II of chapter 713
287by a motor vehicle repair shop for repair work performed under a
288written repair estimate by filing with the clerk of the court in
289the circuit in which the disputed transaction occurred a cash or
290surety bond, payable to the person claiming the lien and
291conditioned for the payment of any judgment which may be entered
292on the lien. The bond shall be in the amount stated on the
293invoice required by s. 559.911, plus accrued storage charges, if
294any, less any amount paid to the motor vehicle repair shop as
295indicated on the invoice. The customer shall not be required to
296institute judicial proceedings in order to post the bond in the
297registry of the court, nor shall the customer be required to use
298a particular form for posting the bond, unless the clerk shall
299provide such form to the customer for filing. Upon the posting
300of such bond, the clerk of the court shall automatically issue a
301certificate notifying the lienor of the posting of the bond and
302directing the lienor to release the customer's motor vehicle.
303     (b)  The lienor shall have 60 days to file suit to recover
304the bond. The prevailing party in that action may be entitled to
305damages plus court costs and reasonable attorney's fees. If the
306lienor fails to file suit within 60 days after the posting of
307such bond, the bond shall be discharged.
308     (c)  The owner or lienholder may obtain the release of a
309motor vehicle pursuant to s. 713.78.
310     (2)  The failure of a lienor to release or return to the
311customer, owner, or lienholder the motor vehicle upon which any
312lien is claimed, upon receiving a copy of a certificate giving
313notice of the posting of the bond and directing release of the
314motor vehicle, shall subject the lienor to judicial proceedings
315which may be brought by the customer, owner, or lienholder to
316compel compliance with the certificate. Whenever a customer,
317owner, or lienholder brings an action to compel compliance with
318the certificate, the customer, owner, or lienholder need only
319establish that:
320     (a)  Bond in the amount of the invoice, plus accrued
321storage charges, if any, less any amount paid to the motor
322vehicle repair shop as indicated on the invoice, was posted;
323     (b)  A certificate was issued pursuant to this section;
324     (c)  The motor vehicle repair shop, or any employee or
325agent thereof who is authorized to release the motor vehicle,
326received a copy of a certificate issued pursuant to this
327section; and
328     (d)  The motor vehicle repair shop or employee authorized
329to release the motor vehicle failed to release the motor
330vehicle.
331
332The customer, owner, or lienholder, upon a judgment in her or
333his favor in an action brought under this subsection, may be
334entitled to damages plus court costs and reasonable attorney's
335fees sustained by her or him by reason of such wrongful
336detention or retention. Upon a judgment in favor of the motor
337vehicle repair shop, the shop may be entitled to reasonable
338attorney's fees.
339     (3)  Any motor vehicle repair shop which, or any employee
340or agent thereof who is authorized to release the motor vehicle
341who, upon receiving a copy of a certificate giving notice of the
342posting of the bond in the required amount and directing release
343of the motor vehicle, fails to release or return the property to
344the customer, owner, or lienholder pursuant to this section
345commits is guilty of a misdemeanor of the second degree,
346punishable as provided in s. 775.082 or s. 775.083.
347     (4)  Any customer, owner, or lienholder who stops payment
348on a credit card charge or a check drawn in favor of a motor
349vehicle repair shop on account of an invoice or who fails to
350post a cash or surety bond pursuant to this section shall be
351prohibited from any recourse under this section with respect to
352the motor vehicle repair shop.
353     Section 12.  Section 713.585, Florida Statutes, is amended
354to read:
355     713.585  Enforcement of lien by sale of motor vehicle.--A
356person claiming a lien under s. 713.58 for performing labor or
357services on a motor vehicle may enforce such lien by sale of the
358vehicle in accordance with the following procedures:
359     (1)  The lienor must give notice, by certified mail, return
360receipt requested, within 10 15 business days, excluding
361Saturday and Sunday, from the beginning date of the assessment
362of storage charges on the said motor vehicle, to the registered
363owner of the vehicle, to the customer as indicated on the order
364for repair, and to all other persons claiming an interest in or
365lien thereon, as disclosed by the records of the Department of
366Highway Safety and Motor Vehicles or of a corresponding agency
367of any other state in which the vehicle appears registered. Such
368notice must contain:
369     (a)  A description of the vehicle (year, make, vehicle
370identification number) and its location.
371     (b)  The name and address of the owner of the vehicle, the
372customer as indicated on the order for repair, and any person
373claiming an interest in or lien thereon.
374     (c)  The name, address, and telephone number of the lienor.
375     (d)  Notice that the lienor claims a lien on the vehicle
376for labor and services performed and storage charges, if any,
377and the cash sum which, if paid to the lienor, would be
378sufficient to redeem the vehicle from the lien claimed by the
379lienor.
380     (e)  Notice that the lien claimed by the lienor is subject
381to enforcement pursuant to this section and that the vehicle may
382be sold to satisfy the lien.
383     (f)  If known, the date, time, and location of any proposed
384or scheduled sale of the vehicle. No vehicle may be sold earlier
385than 50 60 days after completion of the repair work.
386     (g)  Notice that the owner of the vehicle or any person
387claiming an interest in or lien thereon has a right to a hearing
388at any time prior to the scheduled date of sale by filing a
389demand for hearing with the clerk of the circuit court in the
390county in which the vehicle is held and mailing copies of the
391demand for hearing to all other owners and lienors as reflected
392on the notice.
393     (h)  Notice that the owner or lienholder of the vehicle has
394a right to recover possession of the vehicle without instituting
395judicial proceedings by posting bond in accordance with the
396provisions of s. 559.917.
397     (i)  Notice that any proceeds from the sale of the vehicle
398remaining after payment of the amount claimed to be due and
399owing to the lienor will be deposited with the clerk of the
400circuit court for disposition upon court order pursuant to
401subsection (8).
402     (2)  If attempts to locate the owner or lienholder are
403unsuccessful, the lienor must notify the local law enforcement
404agency in writing by certified mail or acknowledged hand
405delivery that the lienor has been unable to locate the owner or
406lienholder, that a physical search of the vehicle has disclosed
407no ownership information, and that a good faith effort has been
408made. A description of the motor vehicle which includes the
409year, make, and identification number must be given on the
410notice. This notification must take place within 10 15 business
411days, excluding Saturday and Sunday, from the beginning date of
412the assessment of storage charges on the said motor vehicle. For
413purposes of this paragraph, the term "good faith effort" means
414that the following checks have been performed by the company to
415establish the prior state of registration and title:
416     (a)  A check of vehicle for any type of tag, tag record,
417temporary tag, or regular tag;
418     (b)  A check of vehicle for inspection sticker or other
419stickers and decals that could indicate the state of possible
420registration; and
421     (c)  A check of the interior of the vehicle for any papers
422that could be in the glove box, trunk, or other areas for the
423state of registration.
424     (3)  If the date of the sale was not included in the notice
425required in subsection (1), notice of the sale must be sent by
426certified mail, return receipt requested, not less than 15 days
427before the date of sale, to the customer as indicated on the
428order for repair, and to all other persons claiming an interest
429in or lien on the motor vehicle, as disclosed by the records of
430the Department of Highway Safety and Motor Vehicles or of a
431corresponding agency of any other state in which the vehicle
432appears to have been registered. After diligent search and
433inquiry, if the name and address of the registered owner or the
434owner of the recorded lien cannot be ascertained, the
435requirements for this notice may be disregarded.
436     (4)  The lienor, at least 15 days before the proposed or
437scheduled date of sale of the vehicle, shall publish the notice
438required by this section once in a newspaper circulated in the
439county where the vehicle is held. A certificate of compliance
440with the notification provisions of this section, verified by
441the lienor, together with a copy of the notice and return
442receipt for mailing of the notice required by this section, and
443proof of publication, must be duly and expeditiously filed with
444the clerk of the circuit court in the county where the vehicle
445is held. The lienor, at the time of filing the certificate of
446compliance, must pay to the clerk of that court a service charge
447of $10 for indexing and recording the certificate.
448     (5)  At any time prior to the proposed or scheduled date of
449sale of a vehicle, the owner of the vehicle, or any person
450claiming an interest in the vehicle or a lien thereon, may file
451a demand for hearing with the clerk of the circuit court in the
452county in which the vehicle is held to determine whether the
453vehicle has been wrongfully taken or withheld from her or him.
454Any person who files a demand for hearing shall mail copies of
455the demand to all other owners and lienors as reflected on the
456notice required in subsection (1). Upon the filing of a demand
457for hearing, a hearing shall be held prior to the proposed or
458scheduled date of sale of the vehicle.
459     (6)  In the event a lienor institutes a judicial proceeding
460to enforce a lien, no filing fee shall be required at the time
461of filing, but the court shall require the lienor to pay the
462filing fee unless the lienor shall prevail in the action.
463     (7)  At the hearing on the complaint, the court shall
464forthwith issue its order determining:
465     (a)  Whether the vehicle is subject to a valid lien by the
466lienor and the amount thereof;
467     (b)  The priority of the lien of the lienor as against any
468existing security interest in the vehicle;
469     (c)  The distribution of any proceeds of the sale by the
470clerk of the circuit court;
471     (d)  The award of reasonable attorney's fees and costs to
472the prevailing party; and
473     (e)  The reasonableness of storage charges.
474     (8)  A vehicle subject to lien enforcement pursuant to this
475section must be sold by the lienor at public sale. Immediately
476upon the sale of the vehicle and payment in cash of the purchase
477price, the lienor shall deposit with the clerk of the circuit
478court the proceeds of the sale less the amount claimed by the
479lienor for work done and storage, if any, and all reasonable
480costs and expenses incurred in conducting the sale, including
481any attorney's fees and costs ordered by the court.
482Simultaneously with depositing the proceeds of sale remaining
483after payment to the lienor, the lienor shall file with the
484clerk a verified report of the sale stating a description of the
485vehicle sold, including the vehicle identification number; the
486name and address of the purchaser; the date of the sale; and the
487selling price. The report shall also itemize the amount retained
488by the lienor pursuant to this section and shall indicate
489whether a hearing was demanded and held. All proceeds held by
490the court shall be held for the benefit of the owner of the
491vehicle or any lienholder whose lien is discharged by the sale
492and shall be disbursed only upon order of the court. Unless a
493proceeding is initiated to validate a claim to such proceeds
494within 1 year and a day from the date of the sale, the proceeds
495shall be deemed abandoned property and disposition thereof shall
496be governed by s. 705.103. The clerk shall receive 5 percent of
497the proceeds deposited with her or him, not to exceed $25, for
498her or his services under this section.
499     (9)  A copy of the certificate of compliance and the report
500of sale, certified by the clerk of the court, shall constitute
501satisfactory proof for application to the Department of Highway
502Safety and Motor Vehicles for transfer of title, together with
503any other proof required by any rules and regulations of the
504department.
505     (10)  Nothing contained in this section shall be construed
506as affecting an owner's right to redeem her or his vehicle from
507the lien at any time prior to sale by paying the amount claimed
508by the lienor for work done and assessed storage charges, plus
509any costs incurred by the repair shop for utilizing enforcement
510procedures under this section.
511     (11)  Nothing in this section shall operate in derogation
512of the rights and remedies established by s. 559.917.
513     (12)  When a vehicle is sold by a lienor in accordance with
514this law, a purchaser for value takes title to the vehicle free
515and clear of all claims, liens, and encumbrances whatsoever,
516unless otherwise provided by court order.
517     (13)  A failure to make good faith efforts as defined in
518subsection (2) precludes the imposition of any storage charges
519against the vehicle. If a lienor fails to provide notice to any
520person claiming a lien on a vehicle under subsection (1) within
52110 15 business days, excluding Saturday or Sunday, after the
522assessment of storage charges have begun, then the lienor is
523precluded from charging for more than 15 days of storage, but
524failure to provide timely notice does not affect charges made
525for repairs, adjustments, or modifications to the vehicle or the
526priority of liens on the vehicle.
527     Section 13.  Section 818.01, Florida Statutes, is amended
528to read:
529     818.01  Disposing of or concealing personal property under
530lien or subject to conditional sale.--
531     (1)  Any person who:
532     (a)  Pledges, mortgages, sells, encumbers, removes,
533destroys, conceals Whoever shall pledge, mortgage, sell, or
534otherwise disposes of, or conspires, aids, abets, or assents in
535the disposal dispose of, any personal property, including any
536motor vehicle, to him or her belonging to the person, or which
537shall be in the person's his or her possession, and which
538property is shall be subject to any written lien, or which shall
539be subject to any statutory lien, whether written or not, or is
540which shall be the subject of any written conditional sale
541contract under which the title is retained by the lienor vendor,
542without the written consent of the person holding such lien, or
543retaining such title;
544     (b)  Removes or causes the removal of any such property and
545whoever shall remove or cause to be removed beyond the limits of
546the county where such lien was created or such conditional sale
547contract was entered into, any such property, without the
548written consent of the person holding such lien or retaining
549such title; aforesaid, or
550     (c)  Hides, conceals, or transfers shall hide, conceal or
551transfer, such property with intent to defeat, hinder, or delay
552the enforcement of such lien, or the recovery of such property
553by the lienor
554
555commits vendor, shall be guilty of a misdemeanor of the first
556degree, punishable as provided in s. 775.082 or s. 775.083.
557     (2)  It shall be prima facie evidence of concealing,
558selling, or disposing of such personal property whenever the
559person owning the property at the time the lien was created, or
560who bought the property same under such retained title contract,
561fails or refuses to produce such property for inspection within
562the county where the lien was created, or the property
563delivered, upon demand of the person holding having such lien,
564or retaining such title, after the debt secured by such lien has
565become enforceable, or the lienee vendee has substantially
566defaulted in the performance of such retained title contract.
567     (3)  Upon receipt from a lienor who claims a lien on a
568vehicle pursuant to s. 319.27 by the Department of Highway
569Safety and Motor Vehicles of written notice to surrender a
570vehicle or vessel that has been disposed of, concealed, removed,
571or destroyed by the lienee, the department shall place the name
572of the registered owner of that vehicle on the list of those
573persons who may not be issued a license plate, revalidation
574sticker, or replacement license plate for any motor vehicle
575under s. 320.03(8) owned by the lienee at the time the notice
576was given by the lienor. If the vehicle is owned jointly by more
577than one person, the name of each registered owner shall be
578placed on the list.
579     (a)  The notice to surrender the vehicle shall be submitted
580on forms developed by the department, which must include:
581     1.  The name, address, and telephone number of the lienor.
582     2.  The name of the registered owner of the vehicle and the
583address to which the lienor provided notice to surrender the
584vehicle to the registered owner.
585     3.  A general description of the vehicle, including its
586color, make, model, body style, and year.
587     4.  The vehicle identification number, registration license
588plate number, if known, or other identification number, as
589applicable.
590     (b)  The registered owner of the vehicle may dispute a
591notice to surrender the vehicle by notifying the department of
592the dispute in writing on forms provided by the department and
593presenting proof that the vehicle was sold to a motor vehicle
594dealer licensed under s. 320.27, a mobile home dealer licensed
595under s. 320.77, or a recreational vehicle dealer licensed under
596s. 320.771.
597     (4)  A secured party who reasonably believes that an
598individual intends to conceal or remove property subject to a
599lien from the county where the lien was created or a conditional
600sale contract was entered into may, within 10 days after
601retaking possession of the property, move in a court of
602competent jurisdiction that the secured party be allowed to
603retain possession of the property as security for the debt. If
604the court finds reasonable cause to believe that the individual
605intends to conceal the property or remove it from this state, it
606shall order that the property remain in the possession of the
607secured party, notwithstanding the other provisions of this
608section.
609     Section 14.  This act shall take effect July 1, 2009.


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