Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2000
       
       
       
       
       
       
                                Barcode 825222                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
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       The Committee on Judiciary (Constantine) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 30.231, Florida
    6  Statutes, is amended to read:
    7         30.231 Sheriffs’ fees for service of summons, subpoenas,
    8  and executions.—
    9         (2) For levying on property and for the seizure of persons,
   10  the sheriff shall be allowed anticipated expenses necessary for
   11  the execution of the process directing such levy or seizure and
   12  for the safekeeping of property and persons in the custody of
   13  the sheriff. A reasonable cost deposit to cover said fees and
   14  expenses in connection with the requested services shall be
   15  deposited in advance, by the party requesting the service, with
   16  the officer requested to perform the service. If the sheriff is
   17  required to expedite execution of a writ of replevin pursuant to
   18  s. 30.30, the sheriff may recover additional expenses, including
   19  payment of off-duty deputy sheriffs, to expedite execution of
   20  the writ of replevin.
   21         Section 2. Subsection (1) of section 30.30, Florida
   22  Statutes, is amended to read:
   23         30.30 Writs, process; duties and liabilities in levying.—
   24         (1) Whenever any writ, issuing out of any court of this
   25  state is, shall be delivered to a sheriff, commanding the
   26  sheriff to levy upon property specifically described therein, it
   27  shall be his or her duty to levy upon such property. If a party
   28  to whom a writ of replevin has been issued requests expedited
   29  service of the writ because the writ is upon property that
   30  includes motor vehicles, the sheriff shall expedite service no
   31  later than 3 days after such request, subject to payment of the
   32  additional expenses allowed by s. 30.231(2). If no property is
   33  specifically described in the writ, the sheriff he or she shall
   34  levy upon:
   35         (a) Any property in the possession of the defendant which
   36  is described in instructions for levy; and
   37         (b) Upon any property assessed against the defendant on the
   38  current tax rolls of the county or registered in his or her name
   39  under any law of the United States or of the state, upon the
   40  request of the plaintiff or the plaintiff’s attorney listing
   41  such property in an instructions for levy. The instructions for
   42  levy shall state the balance due on such writ.
   43         Section 3. Subsection (1) of section 78.065, Florida
   44  Statutes, is amended to read:
   45         78.065 Order to show cause; contents.—
   46         (1) The court without delay shall examine the complaint
   47  filed; and, if on the basis of the complaint and further showing
   48  of the plaintiff in support of it the court finds that the
   49  defendant has waived in accordance with s. 78.075 his or her
   50  right to be notified and heard, the court shall promptly issue
   51  an order authorizing the clerk of the court to issue a writ of
   52  replevin. The court shall advance the cause on the calendar.
   53         Section 4. Subsection (1) of section 78.068, Florida
   54  Statutes, is amended to read:
   55         78.068 Prejudgment writ of replevin.—
   56         (1) A prejudgment writ of replevin may be issued and the
   57  property seized delivered forthwith to the petitioners when the
   58  nature of the claim and the amount thereof, if any, and the
   59  grounds relied upon for the issuance of the writ clearly appear
   60  from specific facts shown by the verified petition or by
   61  separate affidavit of the petitioner. The court shall advance
   62  the cause on the calendar.
   63         Section 5. Subsection (17) is added to section 320.02,
   64  Florida Statutes, to read:
   65         320.02 Registration required; application for registration;
   66  forms.—
   67         (17)If any applicant’s name appears on a list of persons
   68  who may not be issued a license plate, revalidation sticker, or
   69  replacement license plate after a written notice to surrender a
   70  vehicle was submitted to the department by a lienor as provided
   71  in s. 320.1316, the department may withhold renewal of
   72  registration or replacement registration of any motor vehicle
   73  owned by the applicant at the time the notice was submitted by
   74  the lienor. The lienor must maintain proof that written notice
   75  to surrender the vehicle was sent to each registered owner
   76  pursuant to s. 320.1316(1). A revalidation sticker or
   77  replacement license plate may not be issued until that person’s
   78  name no longer appears on the list or until the person presents
   79  documentation from the lienor that the vehicle has been
   80  surrendered to the lienor. The department may not withhold an
   81  initial registration in connection with an applicant’s purchase
   82  or lease of a motor vehicle solely because the applicant’s name
   83  is on the list created by s. 320.1316.
   84         Section 6. Subsection (2) of section 320.0609, Florida
   85  Statutes, are amended to read:
   86         320.0609 Transfer and exchange of registration license
   87  plates; transfer fee.—
   88         (2)(a) Upon a sale, trade, transfer, or other disposition
   89  of a motor vehicle, the owner shall remove the registration
   90  license plate therefrom and either return it or transfer it to a
   91  replacement motor vehicle. No registration license plate shall
   92  be temporarily or permanently attached to any new or used
   93  replacement or substitute vehicle without filing an application
   94  for transfer of such registration license plate and paying the
   95  transfer fee of $4.50 to the department.
   96         (b) The requirement to pay a transfer fee does not apply
   97  when the replacement vehicle is classified under s.
   98  320.08(2)(b), (c), or (d) or (3)(a), (b), or (c) and the
   99  original vehicle to be replaced is also classified under s.
  100  320.08(2)(b), (c), or (d) or (3)(a), (b), or (c).
  101         (c)If a retail sale by a licensed independent motor
  102  vehicle dealer results in the transfer of a license plate, a
  103  temporary tag shall be issued and displayed during the time that
  104  the application for transfer of such registration license plate
  105  is being processed, unless the department’s records reflect that
  106  the transfer has occurred.
  107         Section 7. Paragraph (m) is added to subsection (1) of
  108  section 320.131, Florida Statutes, to read:
  109         320.131 Temporary tags.—
  110         (1) The department is authorized and empowered to design,
  111  issue, and regulate the use of temporary tags to be designated
  112  “temporary tags” for use in the following cases:
  113         (m)For a retail sale by a licensed independent motor
  114  vehicle dealer when an application for the transfer of a
  115  registration license plate is being processed.
  116  
  117  Further, the department is authorized to disallow the purchase
  118  of temporary tags by licensed dealers, common carriers, or
  119  financial institutions in those cases where abuse has occurred.
  120         Section 8. Section 320.1316, Florida Statutes, is created
  121  to read:
  122         320.1316Failure to surrender vehicle or vessel.—
  123         (1)Upon receipt, from a lienor who claims a lien on a
  124  vehicle pursuant to s. 319.27, of written notice to surrender a
  125  vehicle or vessel that has been disposed of, concealed, removed,
  126  or destroyed by the lienee, the department shall place the name
  127  of the registered owner of that vehicle on the list of those
  128  persons who, under s. 320.03(8), may not be issued a license
  129  plate, revalidation sticker, or replacement license plate for
  130  any motor vehicle owned by the lienee at the time the notice was
  131  given by the lienor. If the vehicle is owned jointly by more
  132  than one person, the name of each registered owner shall be
  133  placed on the list.
  134         (2)The notice to surrender the vehicle shall be submitted
  135  on forms developed by the department, which must include:
  136         (a)The name, address, and telephone number of the lienor.
  137         (b)The name of the registered owner of the vehicle and the
  138  address to which the lienor provided notice to the registered
  139  owner to surrender the vehicle.
  140         (c)A general description of the vehicle, including its
  141  color, make, model, body style, and year.
  142         (d)The vehicle identification number, registration license
  143  plate number, if known, or other identification number, as
  144  applicable.
  145         (3)The registered owner of the vehicle may dispute a
  146  notice to surrender the vehicle by notifying the department of
  147  the dispute in writing on forms provided by the department and
  148  by presenting proof that the vehicle was sold to a motor vehicle
  149  dealer licensed under s. 320.27, a mobile home dealer licensed
  150  under s. 320.77, or a recreational vehicle dealer licensed under
  151  s. 320.771.
  152         Section 9. Subsection (8) of section 322.34, Florida
  153  Statutes, is amended to read:
  154         322.34 Driving while license suspended, revoked, canceled,
  155  or disqualified.—
  156         (8)(a) Upon the arrest of a person for the offense of
  157  driving while the person’s driver’s license or driving privilege
  158  is suspended or revoked, the arresting officer shall determine:
  159         1. Whether the person’s driver’s license is suspended or
  160  revoked.
  161         2. Whether the person’s driver’s license has remained
  162  suspended or revoked since a conviction for the offense of
  163  driving with a suspended or revoked license.
  164         3. Whether the suspension or revocation was made under s.
  165  316.646 or s. 627.733, relating to failure to maintain required
  166  security, or under s. 322.264, relating to habitual traffic
  167  offenders.
  168         4. Whether the driver is the registered owner or coowner of
  169  the vehicle.
  170         (b) If the arresting officer finds in the affirmative as to
  171  all of the criteria in paragraph (a), the officer shall
  172  immediately impound or immobilize the vehicle.
  173         (c) Within 7 business days after the date the arresting
  174  agency impounds or immobilizes the vehicle, either the arresting
  175  agency or the towing service, whichever is in possession of the
  176  vehicle, shall send notice by certified mail, return receipt
  177  requested, to any coregistered owners of the vehicle other than
  178  the person arrested and to each person of record claiming a lien
  179  against the vehicle. All costs and fees for the impoundment or
  180  immobilization, including the cost of notification, must be paid
  181  by the owner of the vehicle or, if the vehicle is leased, by the
  182  person leasing the vehicle.
  183         (d) Either the arresting agency or the towing service,
  184  whichever is in possession of the vehicle, shall determine
  185  whether any vehicle impounded or immobilized under this section
  186  has been leased or rented or if there are any persons of record
  187  with a lien upon the vehicle. Either the arresting agency or the
  188  towing service, whichever is in possession of the vehicle, shall
  189  notify by express courier service with receipt or certified
  190  mail, return receipt requested, within 7 business days after the
  191  date of the immobilization or impoundment of the vehicle, the
  192  registered owner and all persons having a recorded lien against
  193  the vehicle that the vehicle has been impounded or immobilized.
  194  A lessor, rental car company, or lienholder may then obtain the
  195  vehicle, upon payment of any lawful towing or storage charges.
  196  If the vehicle is a rental vehicle subject to a written
  197  contract, the charges may be separately charged to the renter,
  198  in addition to the rental rate, along with other separate fees,
  199  charges, and recoupments disclosed on the rental agreement. If
  200  the storage facility fails to provide timely notice to a lessor,
  201  rental car company, or lienholder as required by this paragraph,
  202  the storage facility shall be responsible for payment of any
  203  towing or storage charges necessary to release the vehicle to a
  204  lessor, rental car company, or lienholder that accrue after the
  205  notice period, which charges may then be assessed against the
  206  driver of the vehicle if the vehicle was lawfully impounded or
  207  immobilized.
  208         (e) Except as provided in paragraph (d), the vehicle shall
  209  remain impounded or immobilized for any period imposed by the
  210  court until:
  211         1. The owner presents proof of insurance to the arresting
  212  agency; or
  213         2. The owner presents proof of sale of the vehicle to the
  214  arresting agency and the buyer presents proof of insurance to
  215  the arresting agency.
  216  
  217  If proof is not presented within 35 days after the impoundment
  218  or immobilization, a lien shall be placed upon such vehicle
  219  pursuant to s. 713.78.
  220         (f) The owner of a vehicle that is impounded or immobilized
  221  under this subsection may, within 10 days after the date the
  222  owner has knowledge of the location of the vehicle, file a
  223  complaint in the county in which the owner resides to determine
  224  whether the vehicle was wrongfully taken or withheld. Upon the
  225  filing of a complaint, the owner or lienholder may have the
  226  vehicle released by posting with the court a bond or other
  227  adequate security equal to the amount of the costs and fees for
  228  impoundment or immobilization, including towing or storage, to
  229  ensure the payment of such costs and fees if the owner or
  230  lienholder does not prevail. When the vehicle owner or
  231  lienholder does not prevail on a complaint that the vehicle was
  232  wrongfully taken or withheld, he or she must pay the accrued
  233  charges for the immobilization or impoundment, including any
  234  towing and storage charges assessed against the vehicle. When
  235  the bond is posted and the fee is paid as set forth in s. 28.24,
  236  the clerk of the court shall issue a certificate releasing the
  237  vehicle. At the time of release, after reasonable inspection,
  238  the owner must give a receipt to the towing or storage company
  239  indicating any loss or damage to the vehicle or to the contents
  240  of the vehicle.
  241         Section 10. Section 559.903, Florida Statutes, is amended
  242  to read:
  243         559.903 Definitions.—As used in this act:
  244         (1) “Customer” means the person who signs the written
  245  repair estimate or any other person whom the person who signs
  246  the written repair estimate designates on the written repair
  247  estimate as a person who may authorize repair work.
  248         (2) “Department” means the Department of Agriculture and
  249  Consumer Services.
  250         (3) “Employee” means an individual who is employed full
  251  time or part time by a motor vehicle repair shop and performs
  252  motor vehicle repair.
  253         (4) “Final estimate” means the last estimate approved by
  254  the customer either in writing or orally, as evidenced by the
  255  written repair estimate.
  256         (5)“Lienholder” means the person or entity that holds a
  257  lien or security interest on the motor vehicle and who perfected
  258  the lien or security interest on the motor vehicle pursuant to
  259  s. 319.27.
  260         (6)(5) “Motor vehicle” means any automobile, truck, bus,
  261  recreational vehicle, motorcycle, motor scooter, or other motor
  262  powered vehicle, but does not include trailers, mobile homes,
  263  travel trailers, trailer coaches without independent motive
  264  power, watercraft or aircraft, or special mobile equipment as
  265  defined in s. 316.003(48).
  266         (6)“Motor vehicle repair shop” means any person who, for
  267  compensation, engages or attempts to engage in the repair of
  268  motor vehicles owned by other persons and includes, but is not
  269  limited to: mobile motor vehicle repair shops, motor vehicle and
  270  recreational vehicle dealers; garages; service stations; self
  271  employed individuals; truck stops; paint and body shops; brake,
  272  muffler, or transmission shops; and shops doing glass work. Any
  273  person who engages solely in the maintenance or repair of the
  274  coach portion of a recreational vehicle is not a motor vehicle
  275  repair shop.
  276         (7)“Place of business” means a physical place where the
  277  business of motor vehicle repair is conducted, including any
  278  vehicle constituting a mobile motor vehicle repair shop from
  279  which the business of motor vehicle repair is conducted.
  280         (7)(8) “Motor vehicle repair” means all maintenance of and
  281  modifications and repairs to motor vehicles, and diagnostic work
  282  incident thereto, including, but not limited to, the rebuilding
  283  or restoring of rebuilt vehicles, body work, painting, warranty
  284  work, and other work customarily undertaken by motor vehicle
  285  repair shops.
  286         (8)“Motor vehicle repair shop” means any person who, for
  287  compensation, engages or attempts to engage in the repair of
  288  motor vehicles owned by other persons. Motor vehicle repair
  289  shops include, but are not limited to, mobile motor vehicle
  290  repair shops; motor vehicle and recreational vehicle dealers;
  291  garages; service stations; self-employed individuals; truck
  292  stops; paint and body shops; brake, muffler, or transmission
  293  shops; and shops doing glass work. Any person who engages solely
  294  in the maintenance or repair of the coach portion of a
  295  recreational vehicle is not a motor vehicle repair shop.
  296         (9)“Owner” means the person or persons whose names appear
  297  on the title to the motor vehicle.
  298         (10)“Place of business” means a physical place where the
  299  business of motor vehicle repair is conducted, including any
  300  vehicle constituting a mobile motor vehicle repair shop from
  301  which the business of motor vehicle repair is conducted.
  302         Section 11. Section 559.917, Florida Statutes, is amended
  303  to read:
  304         559.917 Bond to release possessory lien claimed by motor
  305  vehicle repair shop.—
  306         (1)(a) Any customer may obtain the release of her or his
  307  motor vehicle from any lien claimed under part II of chapter 713
  308  by a motor vehicle repair shop for repair work performed under a
  309  written repair estimate by filing with the clerk of the court in
  310  the circuit in which the disputed transaction occurred a cash or
  311  surety bond, payable to the person claiming the lien and
  312  conditioned for the payment of any judgment which may be entered
  313  on the lien. The bond shall be in the amount stated on the
  314  invoice required by s. 559.911, plus accrued storage charges, if
  315  any, less any amount paid to the motor vehicle repair shop as
  316  indicated on the invoice. The customer shall not be required to
  317  institute judicial proceedings in order to post the bond in the
  318  registry of the court, nor shall the customer be required to use
  319  a particular form for posting the bond, unless the clerk shall
  320  provide such form to the customer for filing. Upon the posting
  321  of such bond, the clerk of the court shall automatically issue a
  322  certificate notifying the lienor of the posting of the bond and
  323  directing the lienor to release the customer’s motor vehicle.
  324         (b) The lienor shall have 60 days to file suit to recover
  325  the bond. The prevailing party in that action may be entitled to
  326  damages plus court costs and reasonable attorney’s fees. If the
  327  lienor fails to file suit within 60 days after the posting of
  328  such bond, the bond shall be discharged.
  329         (c)The owner or lienholder may obtain the release of a
  330  motor vehicle pursuant to s. 713.78.
  331         (2) The failure of a lienor to release or return to the
  332  customer, owner, or lienholder the motor vehicle upon which any
  333  lien is claimed, upon receiving a copy of a certificate giving
  334  notice of the posting of the bond and directing release of the
  335  motor vehicle, shall subject the lienor to judicial proceedings
  336  which may be brought by the customer, owner, or lienholder to
  337  compel compliance with the certificate. Whenever a customer,
  338  owner, or lienholder brings an action to compel compliance with
  339  the certificate, the customer, owner, or lienholder need only
  340  establish that:
  341         (a) Bond in the amount of the invoice, plus accrued storage
  342  charges, if any, less any amount paid to the motor vehicle
  343  repair shop as indicated on the invoice, plus 15 percent, was
  344  posted;
  345         (b) A certificate was issued pursuant to this section;
  346         (c) The motor vehicle repair shop, or any employee or agent
  347  thereof who is authorized to release the motor vehicle, received
  348  a copy of a certificate issued pursuant to this section; and
  349         (d) The motor vehicle repair shop or employee authorized to
  350  release the motor vehicle failed to release the motor vehicle.
  351  
  352  The customer, owner, or lienholder, upon a judgment in her or
  353  his favor in an action brought under this subsection, may be
  354  entitled to damages plus court costs and reasonable attorney’s
  355  fees sustained by her or him by reason of such wrongful
  356  detention or retention. Upon a judgment in favor of the motor
  357  vehicle repair shop, the shop may be entitled to reasonable
  358  attorney’s fees.
  359         (3) Any motor vehicle repair shop which, or any employee or
  360  agent thereof who is authorized to release the motor vehicle
  361  who, upon receiving a copy of a certificate giving notice of the
  362  posting of the bond in the required amount and directing release
  363  of the motor vehicle, fails to release or return the property to
  364  the customer, owner, or lienholder pursuant to this section
  365  commits is guilty of a misdemeanor of the second degree,
  366  punishable as provided in s. 775.082 or s. 775.083.
  367         (4) Any customer, owner, or lienholder who stops payment on
  368  a credit card charge or a check drawn in favor of a motor
  369  vehicle repair shop on account of an invoice or who fails to
  370  post a cash or surety bond pursuant to this section shall be
  371  prohibited from any recourse under this section with respect to
  372  the motor vehicle repair shop.
  373         Section 12. Section 713.585, Florida Statutes, is amended
  374  to read:
  375         713.585 Enforcement of lien by sale of motor vehicle.—A
  376  person claiming a lien under s. 713.58 for performing labor or
  377  services on a motor vehicle may enforce such lien by sale of the
  378  vehicle in accordance with the following procedures:
  379         (1) The lienor must give notice, by certified mail, return
  380  receipt requested, within 10 15 business days, excluding
  381  Saturday and Sunday, from the beginning date of the assessment
  382  of storage charges on the said motor vehicle, to the registered
  383  owner of the vehicle, to the customer as indicated on the order
  384  for repair, and to all other persons claiming an interest in or
  385  lien thereon, as disclosed by the records of the Department of
  386  Highway Safety and Motor Vehicles or of a corresponding agency
  387  of any other state in which the vehicle appears registered. Such
  388  notice must contain:
  389         (a) A description of the vehicle (year, make, vehicle
  390  identification number) and its location.
  391         (b) The name and address of the owner of the vehicle, the
  392  customer as indicated on the order for repair, and any person
  393  claiming an interest in or lien thereon.
  394         (c) The name, address, and telephone number of the lienor.
  395         (d) Notice that the lienor claims a lien on the vehicle for
  396  labor and services performed and storage charges, if any, and
  397  the cash sum which, if paid to the lienor, would be sufficient
  398  to redeem the vehicle from the lien claimed by the lienor.
  399         (e) Notice that the lien claimed by the lienor is subject
  400  to enforcement pursuant to this section and that the vehicle may
  401  be sold to satisfy the lien.
  402         (f) If known, the date, time, and location of any proposed
  403  or scheduled sale of the vehicle. No vehicle may be sold earlier
  404  than 50 60 days after completion of the repair work.
  405         (g) Notice that the owner of the vehicle or any person
  406  claiming an interest in or lien thereon has a right to a hearing
  407  at any time prior to the scheduled date of sale by filing a
  408  demand for hearing with the clerk of the circuit court in the
  409  county in which the vehicle is held and mailing copies of the
  410  demand for hearing to all other owners and lienors as reflected
  411  on the notice.
  412         (h) Notice that the owner or lienholder of the vehicle has
  413  a right to recover possession of the vehicle without instituting
  414  judicial proceedings by posting bond in accordance with the
  415  provisions of s. 559.917.
  416         (i) Notice that any proceeds from the sale of the vehicle
  417  remaining after payment of the amount claimed to be due and
  418  owing to the lienor will be deposited with the clerk of the
  419  circuit court for disposition upon court order pursuant to
  420  subsection (8).
  421         (2) If attempts to locate the owner or lienholder are
  422  unsuccessful, the lienor must notify the local law enforcement
  423  agency in writing by certified mail or acknowledged hand
  424  delivery that the lienor has been unable to locate the owner or
  425  lienholder, that a physical search of the vehicle has disclosed
  426  no ownership information, and that a good faith effort has been
  427  made. A description of the motor vehicle which includes the
  428  year, make, and identification number must be given on the
  429  notice. This notification must take place within 10 15 business
  430  days, excluding Saturday and Sunday, from the beginning date of
  431  the assessment of storage charges on the said motor vehicle. For
  432  purposes of this paragraph, the term “good faith effort” means
  433  that the following checks have been performed by the company to
  434  establish the prior state of registration and title:
  435         (a) A check of vehicle for any type of tag, tag record,
  436  temporary tag, or regular tag;
  437         (b) A check of vehicle for inspection sticker or other
  438  stickers and decals that could indicate the state of possible
  439  registration; and
  440         (c) A check of the interior of the vehicle for any papers
  441  that could be in the glove box, trunk, or other areas for the
  442  state of registration.
  443         (3) If the date of the sale was not included in the notice
  444  required in subsection (1), notice of the sale must be sent by
  445  certified mail, return receipt requested, not less than 15 days
  446  before the date of sale, to the customer as indicated on the
  447  order for repair, and to all other persons claiming an interest
  448  in or lien on the motor vehicle, as disclosed by the records of
  449  the Department of Highway Safety and Motor Vehicles or of a
  450  corresponding agency of any other state in which the vehicle
  451  appears to have been registered. After diligent search and
  452  inquiry, if the name and address of the registered owner or the
  453  owner of the recorded lien cannot be ascertained, the
  454  requirements for this notice may be disregarded.
  455         (4) The lienor, at least 15 days before the proposed or
  456  scheduled date of sale of the vehicle, shall publish the notice
  457  required by this section once in a newspaper circulated in the
  458  county where the vehicle is held. A certificate of compliance
  459  with the notification provisions of this section, verified by
  460  the lienor, together with a copy of the notice and return
  461  receipt for mailing of the notice required by this section, and
  462  proof of publication, must be duly and expeditiously filed with
  463  the clerk of the circuit court in the county where the vehicle
  464  is held. The lienor, at the time of filing the certificate of
  465  compliance, must pay to the clerk of that court a service charge
  466  of $10 for indexing and recording the certificate.
  467         (5) At any time prior to the proposed or scheduled date of
  468  sale of a vehicle, the owner of the vehicle, or any person
  469  claiming an interest in the vehicle or a lien thereon, may file
  470  a demand for hearing with the clerk of the circuit court in the
  471  county in which the vehicle is held to determine whether the
  472  vehicle has been wrongfully taken or withheld from her or him.
  473  Any person who files a demand for hearing shall mail copies of
  474  the demand to all other owners and lienors as reflected on the
  475  notice required in subsection (1). Upon the filing of a demand
  476  for hearing, a hearing shall be held prior to the proposed or
  477  scheduled date of sale of the vehicle.
  478         (6) In the event a lienor institutes a judicial proceeding
  479  to enforce a lien, no filing fee shall be required at the time
  480  of filing, but the court shall require the lienor to pay the
  481  filing fee unless the lienor shall prevail in the action.
  482         (7) At the hearing on the complaint, the court shall
  483  forthwith issue its order determining:
  484         (a) Whether the vehicle is subject to a valid lien by the
  485  lienor and the amount thereof;
  486         (b) The priority of the lien of the lienor as against any
  487  existing security interest in the vehicle;
  488         (c) The distribution of any proceeds of the sale by the
  489  clerk of the circuit court;
  490         (d) The award of reasonable attorney’s fees and costs to
  491  the prevailing party; and
  492         (e) The reasonableness of storage charges.
  493         (8) A vehicle subject to lien enforcement pursuant to this
  494  section must be sold by the lienor at public sale. Immediately
  495  upon the sale of the vehicle and payment in cash of the purchase
  496  price, the lienor shall deposit with the clerk of the circuit
  497  court the proceeds of the sale less the amount claimed by the
  498  lienor for work done and storage, if any, and all reasonable
  499  costs and expenses incurred in conducting the sale, including
  500  any attorney’s fees and costs ordered by the court.
  501  Simultaneously with depositing the proceeds of sale remaining
  502  after payment to the lienor, the lienor shall file with the
  503  clerk a verified report of the sale stating a description of the
  504  vehicle sold, including the vehicle identification number; the
  505  name and address of the purchaser; the date of the sale; and the
  506  selling price. The report shall also itemize the amount retained
  507  by the lienor pursuant to this section and shall indicate
  508  whether a hearing was demanded and held. All proceeds held by
  509  the court shall be held for the benefit of the owner of the
  510  vehicle or any lienholder whose lien is discharged by the sale
  511  and shall be disbursed only upon order of the court. Unless a
  512  proceeding is initiated to validate a claim to such proceeds
  513  within 1 year and a day from the date of the sale, the proceeds
  514  shall be deemed abandoned property and disposition thereof shall
  515  be governed by s. 705.103. The clerk shall receive 5 percent of
  516  the proceeds deposited with her or him, not to exceed $25, for
  517  her or his services under this section.
  518         (9) A copy of the certificate of compliance and the report
  519  of sale, certified by the clerk of the court, shall constitute
  520  satisfactory proof for application to the Department of Highway
  521  Safety and Motor Vehicles for transfer of title, together with
  522  any other proof required by any rules and regulations of the
  523  department.
  524         (10) Nothing contained in this section shall be construed
  525  as affecting an owner’s right to redeem her or his vehicle from
  526  the lien at any time prior to sale by paying the amount claimed
  527  by the lienor for work done and assessed storage charges, plus
  528  any costs incurred by the repair shop for utilizing enforcement
  529  procedures under this section.
  530         (11) Nothing in this section shall operate in derogation of
  531  the rights and remedies established by s. 559.917.
  532         (12) When a vehicle is sold by a lienor in accordance with
  533  this law, a purchaser for value takes title to the vehicle free
  534  and clear of all claims, liens, and encumbrances whatsoever,
  535  unless otherwise provided by court order.
  536         (13) A failure to make good faith efforts as defined in
  537  subsection (2) precludes the imposition of any storage charges
  538  against the vehicle. If a lienor fails to provide notice to any
  539  person claiming a lien on a vehicle under subsection (1) within
  540  10 15 business days, excluding Saturday or Sunday, after the
  541  assessment of storage charges have begun, then the lienor is
  542  precluded from charging for more than 15 days of storage, but
  543  failure to provide timely notice does not affect charges made
  544  for repairs, adjustments, or modifications to the vehicle or the
  545  priority of liens on the vehicle.
  546         Section 13. Subsections (4), (5), (6), and (10) of section
  547  713.78, Florida Statutes, are amended to read:
  548         713.78 Liens for recovering, towing, or storing vehicles
  549  and vessels.—
  550         (4)(a) Any person regularly engaged in the business of
  551  recovering, towing, or storing vehicles or vessels who comes
  552  into possession of a vehicle or vessel pursuant to subsection
  553  (2), and who claims a lien for recovery, towing, or storage
  554  services, shall give notice to the registered owner, the
  555  insurance company insuring the vehicle notwithstanding the
  556  provisions of s. 627.736, and to all persons claiming a lien
  557  thereon, as disclosed by the records in the Department of
  558  Highway Safety and Motor Vehicles or of a corresponding agency
  559  in any other state.
  560         (b) Whenever any law enforcement agency authorizes the
  561  removal of a vehicle or vessel or whenever any towing service,
  562  garage, repair shop, or automotive service, storage, or parking
  563  place notifies the law enforcement agency of possession of a
  564  vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
  565  law enforcement agency of the jurisdiction where the vehicle or
  566  vessel is stored shall contact the Department of Highway Safety
  567  and Motor Vehicles, or the appropriate agency of the state of
  568  registration, if known, within 24 hours through the medium of
  569  electronic communications, giving the full description of the
  570  vehicle or vessel. Upon receipt of the full description of the
  571  vehicle or vessel, the department shall search its files to
  572  determine the owner’s name, the insurance company insuring the
  573  vehicle or vessel, and whether any person has filed a lien upon
  574  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  575  notify the applicable law enforcement agency within 72 hours.
  576  The person in charge of the towing service, garage, repair shop,
  577  or automotive service, storage, or parking place shall obtain
  578  such information from the applicable law enforcement agency
  579  within 5 days after the date of storage and shall give notice
  580  pursuant to paragraph (a). The department may release the
  581  insurance company information to the requestor notwithstanding
  582  the provisions of s. 627.736.
  583         (c) Notice by certified mail, return receipt requested,
  584  shall be sent within 7 business days after the date of storage
  585  of the vehicle or vessel to the registered owner, the insurance
  586  company insuring the vehicle notwithstanding the provisions of
  587  s. 627.736, and all persons of record claiming a lien against
  588  the vehicle or vessel. It shall state the fact of possession of
  589  the vehicle or vessel, that a lien as provided in subsection (2)
  590  is claimed, that charges have accrued and the amount thereof,
  591  that the lien is subject to enforcement pursuant to law, and
  592  that the owner or lienholder, if any, has the right to a hearing
  593  as set forth in subsection (5), and that any vehicle or vessel
  594  which remains unclaimed, or for which the charges for recovery,
  595  towing, or storage services remain unpaid, may be sold free of
  596  all prior liens after 35 days if the vehicle or vessel is more
  597  than 3 years of age or after 50 days if the vehicle or vessel is
  598  3 years of age or less.
  599         (d) If attempts to locate the name and address of the owner
  600  or lienholder prove unsuccessful, the towing-storage operator
  601  shall, after 7 working days, excluding Saturday and Sunday, of
  602  the initial tow or storage, notify the public agency of
  603  jurisdiction where the vehicle or vessel is stored in writing by
  604  certified mail or acknowledged hand delivery that the towing
  605  storage company has been unable to locate the name and address
  606  of the owner or lienholder and a physical search of the vehicle
  607  or vessel has disclosed no ownership information and a good
  608  faith effort has been made. For purposes of this paragraph and
  609  subsection (9), “good faith effort” means that the following
  610  checks have been performed by the company to establish prior
  611  state of registration and for title:
  612         1. Check of vehicle or vessel for any type of tag, tag
  613  record, temporary tag, or regular tag.
  614         2. Check of law enforcement report for tag number or other
  615  information identifying the vehicle or vessel, if the vehicle or
  616  vessel was towed at the request of a law enforcement officer.
  617         3. Check of trip sheet or tow ticket of tow truck operator
  618  to see if a tag was on vehicle or vessel at beginning of tow, if
  619  private tow.
  620         4. If there is no address of the owner on the impound
  621  report, check of law enforcement report to see if an out-of
  622  state address is indicated from driver license information.
  623         5. Check of vehicle or vessel for inspection sticker or
  624  other stickers and decals that may indicate a state of possible
  625  registration.
  626         6. Check of the interior of the vehicle or vessel for any
  627  papers that may be in the glove box, trunk, or other areas for a
  628  state of registration.
  629         7. Check of vehicle for vehicle identification number.
  630         8. Check of vessel for vessel registration number.
  631         9. Check of vessel hull for a hull identification number
  632  which should be carved, burned, stamped, embossed, or otherwise
  633  permanently affixed to the outboard side of the transom or, if
  634  there is no transom, to the outmost seaboard side at the end of
  635  the hull that bears the rudder or other steering mechanism.
  636         (5)(a) The owner of a vehicle or vessel removed pursuant to
  637  the provisions of subsection (2), or any person claiming a lien,
  638  other than the towing-storage operator, within 10 days after the
  639  time she or he has knowledge of the location of the vehicle or
  640  vessel, may file a complaint in the county court of the county
  641  in which the vehicle or vessel is stored or in which the owner
  642  resides to determine if her or his property was wrongfully taken
  643  or withheld from her or him.
  644         (b) Upon filing of a complaint, an owner or lienholder may
  645  have her or his vehicle or vessel released upon posting with the
  646  court a cash or surety bond or other adequate security equal to
  647  the amount of the charges for towing or storage and lot rental
  648  amount to ensure the payment of such charges in the event she or
  649  he does not prevail. Upon the posting of the bond and the
  650  payment of the applicable fee set forth in s. 28.24, the clerk
  651  of the court shall issue a certificate notifying the lienor of
  652  the posting of the bond and directing the lienor to release the
  653  vehicle or vessel. At the time of such release, after reasonable
  654  inspection, she or he shall give a receipt to the towing-storage
  655  company reciting any claims she or he has for loss or damage to
  656  the vehicle or vessel or the contents thereof.
  657         (c) Upon determining the respective rights of the parties,
  658  the court may award damages, attorney’s fees, and costs in favor
  659  of the prevailing party. In any event, the final order shall
  660  provide for immediate payment in full of recovery, towing, and
  661  storage fees by the vehicle or vessel owner or lienholder; or
  662  the agency ordering the tow; or the owner, lessee, or agent
  663  thereof of the property from which the vehicle or vessel was
  664  removed.
  665         (6) Any vehicle or vessel which is stored pursuant to
  666  subsection (2) and which remains unclaimed, or for which
  667  reasonable charges for recovery, towing, or storing remain
  668  unpaid, and any contents not released pursuant to subsection
  669  (10), may be sold by the owner or operator of the storage space
  670  for such towing or storage charge after 35 days from the time
  671  the vehicle or vessel is stored therein if the vehicle or vessel
  672  is more than 3 years of age or after 50 days following the time
  673  the vehicle or vessel is stored therein if the vehicle or vessel
  674  is 3 years of age or less. The sale shall be at public sale
  675  auction for cash. If the date of the sale was not included in
  676  the notice required in subsection (4), notice of the sale shall
  677  be given to the person in whose name the vehicle or vessel is
  678  registered and to all persons claiming a lien on the vehicle or
  679  vessel as shown on the records of the Department of Highway
  680  Safety and Motor Vehicles or of the corresponding agency in any
  681  other state. Notice shall be sent by certified mail, return
  682  receipt requested, to the owner of the vehicle or vessel and the
  683  person having the recorded lien on the vehicle or vessel at the
  684  address shown on the records of the registering agency and shall
  685  be mailed not less than 15 days before the date of the sale.
  686  After diligent search and inquiry, if the name and address of
  687  the registered owner or the owner of the recorded lien cannot be
  688  ascertained, the requirements of notice by mail may be dispensed
  689  with. In addition to the notice by mail, public notice of the
  690  time and place of sale shall be made by publishing a notice
  691  thereof one time, at least 10 days prior to the date of the
  692  sale, in a newspaper of general circulation in the county in
  693  which the sale is to be held. The proceeds of the sale, after
  694  payment of reasonable towing and storage charges, and costs of
  695  the sale, in that order of priority, shall be deposited with the
  696  clerk of the circuit court for the county if the owner or
  697  lienholder is absent, and the clerk shall hold such proceeds
  698  subject to the claim of the owner or lienholder person legally
  699  entitled thereto. The clerk shall be entitled to receive 5
  700  percent of such proceeds for the care and disbursement thereof.
  701  The certificate of title issued under this law shall be
  702  discharged of all liens unless otherwise provided by court
  703  order. The owner or lienholder may file a complaint after the
  704  vehicle or vessel has been sold in the county court of the
  705  county in which it is stored. Upon determining the respective
  706  rights of the parties, the court may award damages, attorney’s
  707  fees, and costs in favor of the prevailing party.
  708         (10) Persons who provide services pursuant to this section
  709  shall permit vehicle or vessel owners, lienholders, or their
  710  agents, which agency is evidenced by an original writing
  711  acknowledged by the owner before a notary public or other person
  712  empowered by law to administer oaths, to inspect the towed
  713  vehicle or vessel and shall release to the owner, lienholder, or
  714  agent the vehicle, vessel, or all personal property not affixed
  715  to the vehicle or vessel which was in the vehicle or vessel at
  716  the time the vehicle or vessel came into the custody of the
  717  person providing such services.
  718         Section 14. This act shall take effect July 1, 2009.
  719  
  720  ================= T I T L E  A M E N D M E N T ================
  721         And the title is amended as follows:
  722         Delete everything before the enacting clause
  723  and insert:
  724                        A bill to be entitled                      
  725         An act relating to motor vehicle lien enforcement;
  726         amending s. 30.231, F.S.; authorizing sheriffs
  727         expediting execution of a writ of replevin to recover
  728         certain additional expenses; amending s. 30.30, F.S.;
  729         requiring sheriffs to expedite certain writs of
  730         replevin within a specified amount of time; amending
  731         s. 78.065, F.S.; requiring courts to advance certain
  732         matters related to writs of replevin on the calendar;
  733         amending s. 78.068, F.S.; requiring courts to advance
  734         certain matters related to prejudgment writs of
  735         replevin on the calendar; amending s. 320.02, F.S.;
  736         authorizing the Department of Highway Safety and Motor
  737         Vehicles to withhold renewal of registration or
  738         replacement registration of specified motor vehicles
  739         under certain circumstances; prohibiting the
  740         department from issuing a revalidation ticket or
  741         replacement license plate under certain circumstances;
  742         prohibiting the department from withholding an initial
  743         registration under certain circumstances; amending s.
  744         320.0609, F.S.; revising provisions relating to the
  745         transfer and exchange of registration license plates
  746         and transfer fees; requiring that a temporary tag be
  747         issued and displayed during the time that an
  748         application for a transfer of a registration license
  749         plate is being processed; amending s. 320.131, F.S.;
  750         conforming provisions relating to temporary tags to
  751         changes made by the act; creating s. 320.1316, F.S.;
  752         providing responsibilities of the department relating
  753         to the issuance of a license plate, revalidation
  754         sticker, or replacement license plate for certain
  755         vehicles; requiring the department to create a notice
  756         to surrender form; providing procedures for the
  757         dispute of a notice to surrender; amending s. 322.34,
  758         F.S.; creating certain rights for lienholders;
  759         deleting a return receipt mailing requirement;
  760         amending s. 559.903, F.S.; defining the terms
  761         “lienholder,” “motor vehicle repair shop,” “owner,”
  762         and “place of business” for purposes of the Florida
  763         Motor Vehicle Repair Act; amending s. 559.917, F.S.;
  764         providing for a motor vehicle owner or lienholder to
  765         obtain the release of a motor vehicle from a motor
  766         vehicle repair shop; revising criteria required to
  767         establish an action to compel compliance; amending s.
  768         713.585, F.S.; modifying procedures for enforcing
  769         liens for labor or services by sale of a motor
  770         vehicle; amending s. 713.78, F.S.; clarifying
  771         provisions; deleting a return receipt mailing
  772         requirement; creating certain rights for lienholders;
  773         deleting a provision that allows a complaint to be
  774         filed in the county where the owner resides; creating
  775         a cause of action to determine the rights of the
  776         parties after a vehicle or vessel has been sold;
  777         providing for attorney’s fees and costs; providing a
  778         right of inspection to lienholders; providing an
  779         effective date.