CS/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; amending s. 78.068,
10F.S.; requiring courts to advance certain matters related
11to prejudgment writs of replevin on the calendar; amending
12s. 320.02, F.S.; authorizing the Department of Highway
13Safety and Motor Vehicles to withhold renewal of
14registration or replacement registration of specified
15motor vehicles under certain circumstances; amending s.
16320.03, F.S.; preemption jurisdiction over the outsourced
17electronic filing system to the state; requiring the
18department to continue its current outsourcing of the
19existing electronic filing system; approving the system
20for use in all counties; authorizing motor vehicle dealers
21to charge certain fees; requiring a report from the Office
22of Program Policy Analysis and Government Accountability
23by a specified date; creating s. 320.1316, F.S.; providing
24responsibilities of the department relating to the
25issuance of a license plate, revalidation sticker, or
26replacement license plate for certain vehicles; requiring
27the department to create a notice to surrender form;
28providing procedures for the dispute of a notice to
29surrender; amending s. 559.903, F.S.; defining the terms
30"lienholder" and "owner" for purposes of the Florida Motor
31Vehicle Repair Act; amending s. 559.917, F.S.; providing
32for a motor vehicle owner or lienholder to obtain the
33release of a motor vehicle from a motor vehicle repair
34shop; revising criteria required to establish an action to
35compel compliance; amending s. 713.585, F.S.; modifying
36procedures for enforcing liens for labor or services by
37sale of a motor vehicle; amending s. 322.34, F.S.;
38creating certain rights for lienholders; deleting a return
39receipt mailing requirement; amending s. 713.78, F.S.;
40clarifying provisions; deleting a return receipt mailing
41requirement; creating certain rights for lienholders;
42deleting a provision that allows a complaint to be filed
43in the county where the owner resides; creating a cause of
44action to determine the rights of the parties after a
45vehicle or vessel has been sold; providing for attorney's
46fees and costs; providing a right of inspection to
47lienholders; amending s. 320.0609, F.S., relating to the
48transfer and exchange of registration license plates and
49transfer fees; requiring that a temporary tag be issued
50and displayed during the time that an application for a
51transfer of a registration license plate is being
52processed; providing exceptions; amending s. 320.131,
53F.S.; authorizing the department to issue temporary tags
54for the time that an application for a transfer of a
55registration license plate is being processed; amending s.
56320.0609, F.S., relating to the transfer and exchange of
57registration license plates and transfer fees; requiring a
58licensed motor vehicle dealer to provide certain required
59information via an electronic system to the department
60when the owner of a vehicle transfers a registration
61license plate to a replacement or substitute vehicle
62acquired from the dealer; providing that the electronic
63system shall be administered by the department; requiring
64the dealer to give the owner written notice documenting
65the transfer if the dealer cannot provide the required
66transfer information to the department under certain
67circumstances; requiring the dealer to maintain certain
68records; providing for the dealer and the department to
69charge a fee; providing for exceptions; authorizing the
70department to adopt rules; providing effective dates.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Subsection (2) of section 30.231, Florida
75Statutes, is amended to read:
76     30.231  Sheriffs' fees for service of summons, subpoenas,
77and executions.--
78     (2)  For levying on property and for the seizure of
79persons, the sheriff shall be allowed anticipated expenses
80necessary for the execution of the process directing such levy
81or seizure and for the safekeeping of property and persons in
82the custody of the sheriff. A reasonable cost deposit to cover
83said fees and expenses in connection with the requested services
84shall be deposited in advance, by the party requesting the
85service, with the officer requested to perform the service. If
86the sheriff is required to expedite execution of a writ of
87replevin pursuant to s. 30.30, the sheriff may recover
88additional expenses, including payment of off-duty deputy
89sheriffs, to expedite execution of the writ of replevin.
90     Section 2.  Subsection (1) of section 30.30, Florida
91Statutes, is amended to read:
92     30.30  Writs, process; duties and liabilities in levying.--
93     (1)  Whenever any writ, issuing out of any court of this
94state is, shall be delivered to a sheriff, commanding the
95sheriff to levy upon property specifically described therein, it
96shall be his or her duty to levy upon such property. If a party
97to whom a writ of replevin has been issued requests expedited
98service of the writ because the writ is upon property that
99includes motor vehicles, the sheriff shall expedite service no
100later than 3 days after such request, subject to payment of the
101additional expenses allowed by s. 30.231(2). If no property is
102specifically described in the writ, the sheriff he or she shall
103levy upon:
104     (a)  Any property in the possession of the defendant which
105is described in instructions for levy; and
106     (b)  Upon any property assessed against the defendant on
107the current tax rolls of the county or registered in his or her
108name under any law of the United States or of the state, upon
109the request of the plaintiff or the plaintiff's attorney listing
110such property in an instructions for levy. The instructions for
111levy shall state the balance due on such writ.
112     Section 3.  Subsection (1) of section 78.065, Florida
113Statutes, is amended to read:
114     78.065  Order to show cause; contents.--
115     (1)  The court without delay shall examine the complaint
116filed; and, if on the basis of the complaint and further showing
117of the plaintiff in support of it the court finds that the
118defendant has waived in accordance with s. 78.075 his or her
119right to be notified and heard, the court shall promptly issue
120an order authorizing the clerk of the court to issue a writ of
121replevin. The court shall advance the cause on the calendar.
122     Section 4.  Subsection (1) of section 78.068, Florida
123Statutes, is amended to read:
124     78.068  Prejudgment writ of replevin.--
125     (1)  A prejudgment writ of replevin may be issued and the
126property seized delivered forthwith to the petitioners when the
127nature of the claim and the amount thereof, if any, and the
128grounds relied upon for the issuance of the writ clearly appear
129from specific facts shown by the verified petition or by
130separate affidavit of the petitioner. The court shall advance
131the cause on the calendar.
132     Section 5.  Subsection (17) is added to section 320.02,
133Florida Statutes, to read:
134     320.02  Registration required; application for
135registration; forms.--
136     (17)  If any applicant's name appears on a list of persons
137who may not be issued a license plate, revalidation sticker, or
138replacement license plate after a written notice to surrender a
139vehicle was submitted to the department by a lienor as provided
140in s. 320.1316, the department may withhold renewal of
141registration or replacement registration of any motor vehicle
142owned by the applicant at the time the notice was submitted by
143the lienor. The lienor must maintain proof that written notice
144to surrender the vehicle was sent to each registered owner
145pursuant to s. 320.1316(1). A revalidation sticker or
146replacement license plate may not be issued until that person's
147name no longer appears on the list or until the person presents
148documentation from the lienor that the vehicle has been
149surrendered to the lienor. The department shall not withhold an
150initial registration in connection with an applicant's purchase
151or lease of a motor vehicle solely because the applicant's name
152is on the list created by s. 320.1316.
153     Section 6.  Subsection (10) is added to section 320.03,
154Florida Statutes, to read:
155     320.03  Registration; duties of tax collectors;
156International Registration Plan.--
157     (10)  Jurisdiction over the outsourced electronic filing
158system for use by licensed motor vehicle dealers electronically
159to title and to register motor vehicles and to issue or to
160transfer registration license plates or decals is expressly
161preempted to the state. The department shall continue its
162current outsourcing of the existing electronic filing system,
163including its program standards. The electronic filing system is
164approved for use in all counties, shall apply uniformly to all
165tax collectors of the state, and no tax collector may add or
166detract from the program standards in his or her respective
167county. A motor vehicle dealer licensed under this chapter may
168charge a fee to the customer for use of the electronic filing
169system and such fee is not a component of the program standards.
170Final authority over disputes relating to program standards lies
171with the department. By January 1, 2010, the Office of Program
172Policy Analysis and Government Accountability, with input from
173the department and from affected parties, including tax
174collectors, service providers, and motor vehicle dealers, shall
175report to the President of the Senate and the Speaker of the
176House of Representatives on the status of the outsourced
177electronic filing system, including the program standards, and
178its compliance with this subsection. The report shall identify
179all public and private alternatives for continued operation of
180the electronic filing system and shall include any and all
181appropriate recommendations, including revisions to the program
182standards.
183     Section 7.  Section 320.1316, Florida Statutes, is created
184to read:
185     320.1316  Failure to surrender vehicle or vessel.--
186     (1)  Upon receipt from a lienor who claims a lien on a
187vehicle pursuant to s. 319.27 by the Department of Highway
188Safety and Motor Vehicles of written notice to surrender a
189vehicle or vessel that has been disposed of, concealed, removed,
190or destroyed by the lienee, the department shall place the name
191of the registered owner of that vehicle on the list of those
192persons who may not be issued a license plate, revalidation
193sticker, or replacement license plate for any motor vehicle
194under s. 320.03(8) owned by the lienee at the time the notice
195was given by the lienor. If the vehicle is owned jointly by more
196than one person, the name of each registered owner shall be
197placed on the list.
198     (2)  The notice to surrender the vehicle shall be submitted
199on forms developed by the department, which must include:
200     (a)  The name, address, and telephone number of the lienor.
201     (b)  The name of the registered owner of the vehicle and
202the address to which the lienor provided notice to surrender the
203vehicle to the registered owner.
204     (c)  A general description of the vehicle, including its
205color, make, model, body style, and year.
206     (d)  The vehicle identification number, registration
207license plate number, if known, or other identification number,
208as applicable.
209     (3)  The registered owner of the vehicle may dispute a
210notice to surrender the vehicle by notifying the department of
211the dispute in writing on forms provided by the department and
212presenting proof that the vehicle was sold to a motor vehicle
213dealer licensed under s. 320.27, a mobile home dealer licensed
214under s. 320.77, or a recreational vehicle dealer licensed under
215s. 320.771.
216     Section 8.  Section 559.903, Florida Statutes, is amended
217to read:
218     559.903  Definitions.--As used in this act:
219     (1)  "Customer" means the person who signs the written
220repair estimate or any other person whom the person who signs
221the written repair estimate designates on the written repair
222estimate as a person who may authorize repair work.
223     (2)  "Department" means the Department of Agriculture and
224Consumer Services.
225     (3)  "Employee" means an individual who is employed full
226time or part time by a motor vehicle repair shop and performs
227motor vehicle repair.
228     (4)  "Final estimate" means the last estimate approved by
229the customer either in writing or orally, as evidenced by the
230written repair estimate.
231     (5)  "Lienholder" means the person or entity that holds a
232lien or security interest on the motor vehicle and who perfected
233the lien or security interest on the motor vehicle pursuant to
234s. 319.27.
235     (6)(5)  "Motor vehicle" means any automobile, truck, bus,
236recreational vehicle, motorcycle, motor scooter, or other motor
237powered vehicle, but does not include trailers, mobile homes,
238travel trailers, trailer coaches without independent motive
239power, watercraft or aircraft, or special mobile equipment as
240defined in s. 316.003(48).
241     (7)(8)  "Motor vehicle repair" means all maintenance of and
242modifications and repairs to motor vehicles, and diagnostic work
243incident thereto, including, but not limited to, the rebuilding
244or restoring of rebuilt vehicles, body work, painting, warranty
245work, and other work customarily undertaken by motor vehicle
246repair shops.
247     (8)(6)  "Motor vehicle repair shop" means any person who,
248for compensation, engages or attempts to engage in the repair of
249motor vehicles owned by other persons and includes, but is not
250limited to: mobile motor vehicle repair shops, motor vehicle and
251recreational vehicle dealers; garages; service stations; self-
252employed individuals; truck stops; paint and body shops; brake,
253muffler, or transmission shops; and shops doing glass work. Any
254person who engages solely in the maintenance or repair of the
255coach portion of a recreational vehicle is not a motor vehicle
256repair shop.
257     (9)  "Owner" means the person or persons whose names appear
258on the title to the motor vehicle.
259     (10)(7)  "Place of business" means a physical place where
260the business of motor vehicle repair is conducted, including any
261vehicle constituting a mobile motor vehicle repair shop from
262which the business of motor vehicle repair is conducted.
263     Section 9.  Section 559.917, Florida Statutes, is amended
264to read:
265     559.917  Bond to release possessory lien claimed by motor
266vehicle repair shop.--
267     (1)(a)  Any customer may obtain the release of her or his
268motor vehicle from any lien claimed under part II of chapter 713
269by a motor vehicle repair shop for repair work performed under a
270written repair estimate by filing with the clerk of the court in
271the circuit in which the disputed transaction occurred a cash or
272surety bond, payable to the person claiming the lien and
273conditioned for the payment of any judgment which may be entered
274on the lien. The bond shall be in the amount stated on the
275invoice required by s. 559.911, plus accrued storage charges, if
276any, less any amount paid to the motor vehicle repair shop as
277indicated on the invoice. The customer shall not be required to
278institute judicial proceedings in order to post the bond in the
279registry of the court, nor shall the customer be required to use
280a particular form for posting the bond, unless the clerk shall
281provide such form to the customer for filing. Upon the posting
282of such bond, the clerk of the court shall automatically issue a
283certificate notifying the lienor of the posting of the bond and
284directing the lienor to release the customer's motor vehicle.
285     (b)  The lienor shall have 60 days to file suit to recover
286the bond. The prevailing party in that action may be entitled to
287damages plus court costs and reasonable attorney's fees. If the
288lienor fails to file suit within 60 days after the posting of
289such bond, the bond shall be discharged.
290     (c)  The owner or lienholder may obtain the release of a
291motor vehicle pursuant to s. 713.78.
292     (2)  The failure of a lienor to release or return to the
293customer, owner, or lienholder the motor vehicle upon which any
294lien is claimed, upon receiving a copy of a certificate giving
295notice of the posting of the bond and directing release of the
296motor vehicle, shall subject the lienor to judicial proceedings
297which may be brought by the customer, owner, or lienholder to
298compel compliance with the certificate. Whenever a customer,
299owner, or lienholder brings an action to compel compliance with
300the certificate, the customer, owner, or lienholder need only
301establish that:
302     (a)  Bond in the amount of the invoice, plus accrued
303storage charges, if any, less any amount paid to the motor
304vehicle repair shop as indicated on the invoice, plus 15
305percent, was posted;
306     (b)  A certificate was issued pursuant to this section;
307     (c)  The motor vehicle repair shop, or any employee or
308agent thereof who is authorized to release the motor vehicle,
309received a copy of a certificate issued pursuant to this
310section; and
311     (d)  The motor vehicle repair shop or employee authorized
312to release the motor vehicle failed to release the motor
313vehicle.
314
315The customer, owner, or lienholder, upon a judgment in her or
316his favor in an action brought under this subsection, may be
317entitled to damages plus court costs and reasonable attorney's
318fees sustained by her or him by reason of such wrongful
319detention or retention. Upon a judgment in favor of the motor
320vehicle repair shop, the shop may be entitled to reasonable
321attorney's fees.
322     (3)  Any motor vehicle repair shop which, or any employee
323or agent thereof who is authorized to release the motor vehicle
324who, upon receiving a copy of a certificate giving notice of the
325posting of the bond in the required amount and directing release
326of the motor vehicle, fails to release or return the property to
327the customer, owner, or lienholder pursuant to this section
328commits is guilty of a misdemeanor of the second degree,
329punishable as provided in s. 775.082 or s. 775.083.
330     (4)  Any customer, owner, or lienholder who stops payment
331on a credit card charge or a check drawn in favor of a motor
332vehicle repair shop on account of an invoice or who fails to
333post a cash or surety bond pursuant to this section shall be
334prohibited from any recourse under this section with respect to
335the motor vehicle repair shop.
336     Section 10.  Section 713.585, Florida Statutes, is amended
337to read:
338     713.585  Enforcement of lien by sale of motor vehicle.--A
339person claiming a lien under s. 713.58 for performing labor or
340services on a motor vehicle may enforce such lien by sale of the
341vehicle in accordance with the following procedures:
342     (1)  The lienor must give notice, by certified mail, return
343receipt requested, within 10 15 business days, excluding
344Saturday and Sunday, from the beginning date of the assessment
345of storage charges on the said motor vehicle, to the registered
346owner of the vehicle, to the customer as indicated on the order
347for repair, and to all other persons claiming an interest in or
348lien thereon, as disclosed by the records of the Department of
349Highway Safety and Motor Vehicles or of a corresponding agency
350of any other state in which the vehicle appears registered. Such
351notice must contain:
352     (a)  A description of the vehicle (year, make, vehicle
353identification number) and its location.
354     (b)  The name and address of the owner of the vehicle, the
355customer as indicated on the order for repair, and any person
356claiming an interest in or lien thereon.
357     (c)  The name, address, and telephone number of the lienor.
358     (d)  Notice that the lienor claims a lien on the vehicle
359for labor and services performed and storage charges, if any,
360and the cash sum which, if paid to the lienor, would be
361sufficient to redeem the vehicle from the lien claimed by the
362lienor.
363     (e)  Notice that the lien claimed by the lienor is subject
364to enforcement pursuant to this section and that the vehicle may
365be sold to satisfy the lien.
366     (f)  If known, the date, time, and location of any proposed
367or scheduled sale of the vehicle. No vehicle may be sold earlier
368than 50 60 days after completion of the repair work.
369     (g)  Notice that the owner of the vehicle or any person
370claiming an interest in or lien thereon has a right to a hearing
371at any time prior to the scheduled date of sale by filing a
372demand for hearing with the clerk of the circuit court in the
373county in which the vehicle is held and mailing copies of the
374demand for hearing to all other owners and lienors as reflected
375on the notice.
376     (h)  Notice that the owner or lienholder of the vehicle has
377a right to recover possession of the vehicle without instituting
378judicial proceedings by posting bond in accordance with the
379provisions of s. 559.917.
380     (i)  Notice that any proceeds from the sale of the vehicle
381remaining after payment of the amount claimed to be due and
382owing to the lienor will be deposited with the clerk of the
383circuit court for disposition upon court order pursuant to
384subsection (8).
385     (2)  If attempts to locate the owner or lienholder are
386unsuccessful, the lienor must notify the local law enforcement
387agency in writing by certified mail or acknowledged hand
388delivery that the lienor has been unable to locate the owner or
389lienholder, that a physical search of the vehicle has disclosed
390no ownership information, and that a good faith effort has been
391made. A description of the motor vehicle which includes the
392year, make, and identification number must be given on the
393notice. This notification must take place within 10 15 business
394days, excluding Saturday and Sunday, from the beginning date of
395the assessment of storage charges on the said motor vehicle. For
396purposes of this paragraph, the term "good faith effort" means
397that the following checks have been performed by the company to
398establish the prior state of registration and title:
399     (a)  A check of vehicle for any type of tag, tag record,
400temporary tag, or regular tag;
401     (b)  A check of vehicle for inspection sticker or other
402stickers and decals that could indicate the state of possible
403registration; and
404     (c)  A check of the interior of the vehicle for any papers
405that could be in the glove box, trunk, or other areas for the
406state of registration.
407     (3)  If the date of the sale was not included in the notice
408required in subsection (1), notice of the sale must be sent by
409certified mail, return receipt requested, not less than 15 days
410before the date of sale, to the customer as indicated on the
411order for repair, and to all other persons claiming an interest
412in or lien on the motor vehicle, as disclosed by the records of
413the Department of Highway Safety and Motor Vehicles or of a
414corresponding agency of any other state in which the vehicle
415appears to have been registered. After diligent search and
416inquiry, if the name and address of the registered owner or the
417owner of the recorded lien cannot be ascertained, the
418requirements for this notice may be disregarded.
419     (4)  The lienor, at least 15 days before the proposed or
420scheduled date of sale of the vehicle, shall publish the notice
421required by this section once in a newspaper circulated in the
422county where the vehicle is held. A certificate of compliance
423with the notification provisions of this section, verified by
424the lienor, together with a copy of the notice and return
425receipt for mailing of the notice required by this section, and
426proof of publication, must be duly and expeditiously filed with
427the clerk of the circuit court in the county where the vehicle
428is held. The lienor, at the time of filing the certificate of
429compliance, must pay to the clerk of that court a service charge
430of $10 for indexing and recording the certificate.
431     (5)  At any time prior to the proposed or scheduled date of
432sale of a vehicle, the owner of the vehicle, or any person
433claiming an interest in the vehicle or a lien thereon, may file
434a demand for hearing with the clerk of the circuit court in the
435county in which the vehicle is held to determine whether the
436vehicle has been wrongfully taken or withheld from her or him.
437Any person who files a demand for hearing shall mail copies of
438the demand to all other owners and lienors as reflected on the
439notice required in subsection (1). Upon the filing of a demand
440for hearing, a hearing shall be held prior to the proposed or
441scheduled date of sale of the vehicle.
442     (6)  In the event a lienor institutes a judicial proceeding
443to enforce a lien, no filing fee shall be required at the time
444of filing, but the court shall require the lienor to pay the
445filing fee unless the lienor shall prevail in the action.
446     (7)  At the hearing on the complaint, the court shall
447forthwith issue its order determining:
448     (a)  Whether the vehicle is subject to a valid lien by the
449lienor and the amount thereof;
450     (b)  The priority of the lien of the lienor as against any
451existing security interest in the vehicle;
452     (c)  The distribution of any proceeds of the sale by the
453clerk of the circuit court;
454     (d)  The award of reasonable attorney's fees and costs to
455the prevailing party; and
456     (e)  The reasonableness of storage charges.
457     (8)  A vehicle subject to lien enforcement pursuant to this
458section must be sold by the lienor at public sale. Immediately
459upon the sale of the vehicle and payment in cash of the purchase
460price, the lienor shall deposit with the clerk of the circuit
461court the proceeds of the sale less the amount claimed by the
462lienor for work done and storage, if any, and all reasonable
463costs and expenses incurred in conducting the sale, including
464any attorney's fees and costs ordered by the court.
465Simultaneously with depositing the proceeds of sale remaining
466after payment to the lienor, the lienor shall file with the
467clerk a verified report of the sale stating a description of the
468vehicle sold, including the vehicle identification number; the
469name and address of the purchaser; the date of the sale; and the
470selling price. The report shall also itemize the amount retained
471by the lienor pursuant to this section and shall indicate
472whether a hearing was demanded and held. All proceeds held by
473the court shall be held for the benefit of the owner of the
474vehicle or any lienholder whose lien is discharged by the sale
475and shall be disbursed only upon order of the court. Unless a
476proceeding is initiated to validate a claim to such proceeds
477within 1 year and a day from the date of the sale, the proceeds
478shall be deemed abandoned property and disposition thereof shall
479be governed by s. 705.103. The clerk shall receive 5 percent of
480the proceeds deposited with her or him, not to exceed $25, for
481her or his services under this section.
482     (9)  A copy of the certificate of compliance and the report
483of sale, certified by the clerk of the court, shall constitute
484satisfactory proof for application to the Department of Highway
485Safety and Motor Vehicles for transfer of title, together with
486any other proof required by any rules and regulations of the
487department.
488     (10)  Nothing contained in this section shall be construed
489as affecting an owner's right to redeem her or his vehicle from
490the lien at any time prior to sale by paying the amount claimed
491by the lienor for work done and assessed storage charges, plus
492any costs incurred by the repair shop for utilizing enforcement
493procedures under this section.
494     (11)  Nothing in this section shall operate in derogation
495of the rights and remedies established by s. 559.917.
496     (12)  When a vehicle is sold by a lienor in accordance with
497this law, a purchaser for value takes title to the vehicle free
498and clear of all claims, liens, and encumbrances whatsoever,
499unless otherwise provided by court order.
500     (13)  A failure to make good faith efforts as defined in
501subsection (2) precludes the imposition of any storage charges
502against the vehicle. If a lienor fails to provide notice to any
503person claiming a lien on a vehicle under subsection (1) within
50410 15 business days, excluding Saturday or Sunday, after the
505assessment of storage charges have begun, then the lienor is
506precluded from charging for more than 15 days of storage, but
507failure to provide timely notice does not affect charges made
508for repairs, adjustments, or modifications to the vehicle or the
509priority of liens on the vehicle.
510     Section 11.  Subsection (8) of section 322.34, Florida
511Statutes, is amended to read:
512     322.34  Driving while license suspended, revoked, canceled,
513or disqualified.--
514     (8)(a)  Upon the arrest of a person for the offense of
515driving while the person's driver's license or driving privilege
516is suspended or revoked, the arresting officer shall determine:
517     1.  Whether the person's driver's license is suspended or
518revoked.
519     2.  Whether the person's driver's license has remained
520suspended or revoked since a conviction for the offense of
521driving with a suspended or revoked license.
522     3.  Whether the suspension or revocation was made under s.
523316.646 or s. 627.733, relating to failure to maintain required
524security, or under s. 322.264, relating to habitual traffic
525offenders.
526     4.  Whether the driver is the registered owner or coowner
527of the vehicle.
528     (b)  If the arresting officer finds in the affirmative as
529to all of the criteria in paragraph (a), the officer shall
530immediately impound or immobilize the vehicle.
531     (c)  Within 7 business days after the date the arresting
532agency impounds or immobilizes the vehicle, either the arresting
533agency or the towing service, whichever is in possession of the
534vehicle, shall send notice by certified mail, return receipt
535requested, to any coregistered owners of the vehicle other than
536the person arrested and to each person of record claiming a lien
537against the vehicle. All costs and fees for the impoundment or
538immobilization, including the cost of notification, must be paid
539by the owner of the vehicle or, if the vehicle is leased, by the
540person leasing the vehicle.
541     (d)  Either the arresting agency or the towing service,
542whichever is in possession of the vehicle, shall determine
543whether any vehicle impounded or immobilized under this section
544has been leased or rented or if there are any persons of record
545with a lien upon the vehicle. Either the arresting agency or the
546towing service, whichever is in possession of the vehicle, shall
547notify by express courier service with receipt or certified
548mail, return receipt requested, within 7 business days after the
549date of the immobilization or impoundment of the vehicle, the
550registered owner and all persons having a recorded lien against
551the vehicle that the vehicle has been impounded or immobilized.
552A lessor, rental car company, or lienholder may then obtain the
553vehicle, upon payment of any lawful towing or storage charges.
554If the vehicle is a rental vehicle subject to a written
555contract, the charges may be separately charged to the renter,
556in addition to the rental rate, along with other separate fees,
557charges, and recoupments disclosed on the rental agreement. If
558the storage facility fails to provide timely notice to a lessor,
559rental car company, or lienholder as required by this paragraph,
560the storage facility shall be responsible for payment of any
561towing or storage charges necessary to release the vehicle to a
562lessor, rental car company, or lienholder that accrue after the
563notice period, which charges may then be assessed against the
564driver of the vehicle if the vehicle was lawfully impounded or
565immobilized.
566     (e)  Except as provided in paragraph (d), the vehicle shall
567remain impounded or immobilized for any period imposed by the
568court until:
569     1.  The owner presents proof of insurance to the arresting
570agency; or
571     2.  The owner presents proof of sale of the vehicle to the
572arresting agency and the buyer presents proof of insurance to
573the arresting agency.
574
575If proof is not presented within 35 days after the impoundment
576or immobilization, a lien shall be placed upon such vehicle
577pursuant to s. 713.78.
578     (f)  The owner of a vehicle that is impounded or
579immobilized under this subsection may, within 10 days after the
580date the owner has knowledge of the location of the vehicle,
581file a complaint in the county in which the owner resides to
582determine whether the vehicle was wrongfully taken or withheld.
583Upon the filing of a complaint, the owner or lienholder may have
584the vehicle released by posting with the court a bond or other
585adequate security equal to the amount of the costs and fees for
586impoundment or immobilization, including towing or storage, to
587ensure the payment of such costs and fees if the owner or
588lienholder does not prevail. When the vehicle owner or
589lienholder does not prevail on a complaint that the vehicle was
590wrongfully taken or withheld, he or she must pay the accrued
591charges for the immobilization or impoundment, including any
592towing and storage charges assessed against the vehicle. When
593the bond is posted and the fee is paid as set forth in s. 28.24,
594the clerk of the court shall issue a certificate releasing the
595vehicle. At the time of release, after reasonable inspection,
596the owner must give a receipt to the towing or storage company
597indicating any loss or damage to the vehicle or to the contents
598of the vehicle.
599     Section 12.  Subsections (4), (5), (6), and (10) of section
600713.78, Florida Statutes, are amended to read:
601     713.78  Liens for recovering, towing, or storing vehicles
602and vessels.--
603     (4)(a)  Any person regularly engaged in the business of
604recovering, towing, or storing vehicles or vessels who comes
605into possession of a vehicle or vessel pursuant to subsection
606(2), and who claims a lien for recovery, towing, or storage
607services, shall give notice to the registered owner, the
608insurance company insuring the vehicle notwithstanding the
609provisions of s. 627.736, and to all persons claiming a lien
610thereon, as disclosed by the records in the Department of
611Highway Safety and Motor Vehicles or of a corresponding agency
612in any other state.
613     (b)  Whenever any law enforcement agency authorizes the
614removal of a vehicle or vessel or whenever any towing service,
615garage, repair shop, or automotive service, storage, or parking
616place notifies the law enforcement agency of possession of a
617vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
618law enforcement agency of the jurisdiction where the vehicle or
619vessel is stored shall contact the Department of Highway Safety
620and Motor Vehicles, or the appropriate agency of the state of
621registration, if known, within 24 hours through the medium of
622electronic communications, giving the full description of the
623vehicle or vessel. Upon receipt of the full description of the
624vehicle or vessel, the department shall search its files to
625determine the owner's name, the insurance company insuring the
626vehicle or vessel, and whether any person has filed a lien upon
627the vehicle or vessel as provided in s. 319.27(2) and (3) and
628notify the applicable law enforcement agency within 72 hours.
629The person in charge of the towing service, garage, repair shop,
630or automotive service, storage, or parking place shall obtain
631such information from the applicable law enforcement agency
632within 5 days after the date of storage and shall give notice
633pursuant to paragraph (a). The department may release the
634insurance company information to the requestor notwithstanding
635the provisions of s. 627.736.
636     (c)  Notice by certified mail, return receipt requested,
637shall be sent within 7 business days after the date of storage
638of the vehicle or vessel to the registered owner, the insurance
639company insuring the vehicle notwithstanding the provisions of
640s. 627.736, and all persons of record claiming a lien against
641the vehicle or vessel. It shall state the fact of possession of
642the vehicle or vessel, that a lien as provided in subsection (2)
643is claimed, that charges have accrued and the amount thereof,
644that the lien is subject to enforcement pursuant to law, and
645that the owner or lienholder, if any, has the right to a hearing
646as set forth in subsection (5), and that any vehicle or vessel
647which remains unclaimed, or for which the charges for recovery,
648towing, or storage services remain unpaid, may be sold free of
649all prior liens after 35 days if the vehicle or vessel is more
650than 3 years of age or after 50 days if the vehicle or vessel is
6513 years of age or less.
652     (d)  If attempts to locate the name and address of the
653owner or lienholder prove unsuccessful, the towing-storage
654operator shall, after 7 working days, excluding Saturday and
655Sunday, of the initial tow or storage, notify the public agency
656of jurisdiction where the vehicle or vessel is stored in writing
657by certified mail or acknowledged hand delivery that the towing-
658storage company has been unable to locate the name and address
659of the owner or lienholder and a physical search of the vehicle
660or vessel has disclosed no ownership information and a good
661faith effort has been made. For purposes of this paragraph and
662subsection (9), "good faith effort" means that the following
663checks have been performed by the company to establish prior
664state of registration and for title:
665     1.  Check of vehicle or vessel for any type of tag, tag
666record, temporary tag, or regular tag.
667     2.  Check of law enforcement report for tag number or other
668information identifying the vehicle or vessel, if the vehicle or
669vessel was towed at the request of a law enforcement officer.
670     3.  Check of trip sheet or tow ticket of tow truck operator
671to see if a tag was on vehicle or vessel at beginning of tow, if
672private tow.
673     4.  If there is no address of the owner on the impound
674report, check of law enforcement report to see if an out-of-
675state address is indicated from driver license information.
676     5.  Check of vehicle or vessel for inspection sticker or
677other stickers and decals that may indicate a state of possible
678registration.
679     6.  Check of the interior of the vehicle or vessel for any
680papers that may be in the glove box, trunk, or other areas for a
681state of registration.
682     7.  Check of vehicle for vehicle identification number.
683     8.  Check of vessel for vessel registration number.
684     9.  Check of vessel hull for a hull identification number
685which should be carved, burned, stamped, embossed, or otherwise
686permanently affixed to the outboard side of the transom or, if
687there is no transom, to the outmost seaboard side at the end of
688the hull that bears the rudder or other steering mechanism.
689     (5)(a)  The owner of a vehicle or vessel removed pursuant
690to the provisions of subsection (2), or any person claiming a
691lien, other than the towing-storage operator, within 10 days
692after the time she or he has knowledge of the location of the
693vehicle or vessel, may file a complaint in the county court of
694the county in which the vehicle or vessel is stored or in which
695the owner resides to determine if her or his property was
696wrongfully taken or withheld from her or him.
697     (b)  Upon filing of a complaint, an owner or lienholder may
698have her or his vehicle or vessel released upon posting with the
699court a cash or surety bond or other adequate security equal to
700the amount of the charges for towing or storage and lot rental
701amount to ensure the payment of such charges in the event she or
702he does not prevail. Upon the posting of the bond and the
703payment of the applicable fee set forth in s. 28.24, the clerk
704of the court shall issue a certificate notifying the lienor of
705the posting of the bond and directing the lienor to release the
706vehicle or vessel. At the time of such release, after reasonable
707inspection, she or he shall give a receipt to the towing-storage
708company reciting any claims she or he has for loss or damage to
709the vehicle or vessel or the contents thereof.
710     (c)  Upon determining the respective rights of the parties,
711the court may award damages, attorney's fees, and costs in favor
712of the prevailing party. In any event, the final order shall
713provide for immediate payment in full of recovery, towing, and
714storage fees by the vehicle or vessel owner or lienholder; or
715the agency ordering the tow; or the owner, lessee, or agent
716thereof of the property from which the vehicle or vessel was
717removed.
718     (6)  Any vehicle or vessel which is stored pursuant to
719subsection (2) and which remains unclaimed, or for which
720reasonable charges for recovery, towing, or storing remain
721unpaid, and any contents not released pursuant to subsection
722(10), may be sold by the owner or operator of the storage space
723for such towing or storage charge after 35 days from the time
724the vehicle or vessel is stored therein if the vehicle or vessel
725is more than 3 years of age or after 50 days following the time
726the vehicle or vessel is stored therein if the vehicle or vessel
727is 3 years of age or less. The sale shall be at public sale
728auction for cash. If the date of the sale was not included in
729the notice required in subsection (4), notice of the sale shall
730be given to the person in whose name the vehicle or vessel is
731registered and to all persons claiming a lien on the vehicle or
732vessel as shown on the records of the Department of Highway
733Safety and Motor Vehicles or of the corresponding agency in any
734other state. Notice shall be sent by certified mail, return
735receipt requested, to the owner of the vehicle or vessel and the
736person having the recorded lien on the vehicle or vessel at the
737address shown on the records of the registering agency and shall
738be mailed not less than 15 days before the date of the sale.
739After diligent search and inquiry, if the name and address of
740the registered owner or the owner of the recorded lien cannot be
741ascertained, the requirements of notice by mail may be dispensed
742with. In addition to the notice by mail, public notice of the
743time and place of sale shall be made by publishing a notice
744thereof one time, at least 10 days prior to the date of the
745sale, in a newspaper of general circulation in the county in
746which the sale is to be held. The proceeds of the sale, after
747payment of reasonable towing and storage charges, and costs of
748the sale, in that order of priority, shall be deposited with the
749clerk of the circuit court for the county if the owner or
750lienholder is absent, and the clerk shall hold such proceeds
751subject to the claim of the owner or lienholder person legally
752entitled thereto. The clerk shall be entitled to receive 5
753percent of such proceeds for the care and disbursement thereof.
754The certificate of title issued under this law shall be
755discharged of all liens unless otherwise provided by court
756order. The owner or lienholder may file a complaint after the
757vehicle or vessel has been sold in the county court of the
758county in which it is stored. Upon determining the respective
759rights of the parties, the court may award damages, attorney's
760fees, and costs in favor of the prevailing party.
761     (10)  Persons who provide services pursuant to this section
762shall permit vehicle or vessel owners, lienholders, or their
763agents, which agency is evidenced by an original writing
764acknowledged by the owner before a notary public or other person
765empowered by law to administer oaths, to inspect the towed
766vehicle or vessel and shall release to the owner, lienholder, or
767agent the vehicle, vessel, or all personal property not affixed
768to the vehicle or vessel which was in the vehicle or vessel at
769the time the vehicle or vessel came into the custody of the
770person providing such services.
771     Section 13.  Effective October 1, 2009, paragraph (c) is
772added to subsection (2) of section 320.0609, Florida Statutes,
773to read:
774     320.0609  Transfer and exchange of registration license
775plates; transfer fee.--
776     (2)
777     (c)  If a retail sale by a licensed independent motor
778vehicle dealer results in the transfer of a registration license
779plate, a temporary tag shall be issued and displayed during the
780time that the application for transfer of such registration
781license plate is being processed unless the department's records
782reflect that the transfer has occurred. However, this paragraph
783shall not apply to independent motor vehicle dealers that are
784owned by principals that also hold a franchise motor vehicle
785dealer license in this state. This paragraph is repealed June
78630, 2010.
787     Section 14.  Effective July 1, 2010, subsection (8) is
788added to section 320.0609, Florida Statutes, to read:
789     320.0609  Transfer and exchange of registration license
790plates; transfer fee.--
791     (8)(a)  When the owner of a vehicle transfers a
792registration license plate to a replacement or substitute
793vehicle acquired from a motor vehicle dealer licensed under this
794chapter, the dealer shall timely provide to the department, via
795an electronic system administered by the department for this
796purpose, information regarding the transfer which is required by
797the department. The dealer shall also give the owner written
798notice documenting the transfer if the dealer cannot timely
799provide the required transfer information to the department due
800to system or connectivity problems. The dealer shall maintain
801all records required by the department which must be open to
802inspection by the department or its agents during reasonable
803business hours. The dealer may charge the vehicle owner a fee to
804comply with this subsection. The department may charge a fee of
805$2 to be deposited into the Highway Safety Operating Trust Fund
806for each transfer in addition to any other fee imposed by law.
807     (b)  A dealer is not required to comply with paragraph (a)
808if the department's records are otherwise modified on the date
809of transfer to reflect that the transfer has occurred.
810     (c)  The department has authority to adopt rules pursuant
811to ss. 120.536(1) and 120.54 to administer this subsection.
812     Section 15.  Effective October 1, 2009, paragraph (m) is
813added to subsection (1) of section 320.131, Florida Statutes, to
814read:
815     320.131  Temporary tags.--
816     (1)  The department is authorized and empowered to design,
817issue, and regulate the use of temporary tags to be designated
818"temporary tags" for use in the following cases:
819     (m)  For a retail sale by a licensed independent motor
820vehicle dealer when an application for the transfer of a
821registration license plate is being processed. This paragraph is
822repealed June 30, 2010.
823
824Further, the department is authorized to disallow the purchase
825of temporary tags by licensed dealers, common carriers, or
826financial institutions in those cases where abuse has occurred.
827     Section 16.  Except as otherwise expressly provided in this
828act, this act shall take effect July 1, 2009.


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