Florida Senate - 2009                                    SB 2000
       
       
       
       By Senator Constantine
       
       
       
       
       22-01553-09                                           20092000__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle lien enforcement;
    3         amending s. 30.231, F.S.; authorizing sheriffs
    4         expediting execution of a writ of replevin to recover
    5         certain additional expenses; amending s. 30.30, F.S.;
    6         requiring sheriffs to expedite certain writs of
    7         replevin within a specified amount of time; amending
    8         s. 78.065, F.S.; requiring courts to advance certain
    9         matters related to writs of replevin on the calendar
   10         and provide a ruling within a specified amount of
   11         time; amending s. 78.068, F.S.; requiring courts to
   12         advance certain matters related to prejudgment writs
   13         of replevin on the calendar and provide a ruling
   14         within a specified amount of time; amending s. 319.24,
   15         F.S.; extending the time certain motor vehicle
   16         lienholders have to deliver a certificate of title
   17         indicating a lien satisfaction or notify the person
   18         satisfying the lien that the title is not available;
   19         amending s. 320.02, F.S.; authorizing the Department
   20         of Highway Safety and Motor Vehicles to withhold
   21         registration, renewal of registration, or replacement
   22         registration of specified motor vehicles; creating s.
   23         320.1315, F.S.; requiring the department to develop an
   24         electronic notification system for certain purposes;
   25         authorizing certain motor vehicle floor plan financers
   26         to provide the department with certain information;
   27         providing responsibilities of the department relating
   28         to notification of the issuance of temporary tags;
   29         authorizing the department to adopt rules; amending s.
   30         320.0609, F.S.; requiring the issuance and display of
   31         a temporary tag under certain conditions; amending s.
   32         320.131, F.S.; extending the authority of the
   33         department to design, issue, and regulate the use of
   34         temporary tags in cases involving transfer of a
   35         registration license plate; amending s. 559.903, F.S.;
   36         defining the terms “lienholder” and “owner” for
   37         purposes of the “Florida Motor Vehicle Repair Act”;
   38         amending s. 559.917, F.S.; providing for a motor
   39         vehicle owner or lienholder to obtain the release of a
   40         motor vehicle from a motor vehicle repair shop;
   41         amending s. 713.585, F.S.; modifying procedures for
   42         enforcing liens for labor or services by sale of a
   43         motor vehicle; amending s. 818.01, F.S.; providing
   44         penalties for the encumbrance, removal, destruction,
   45         or concealment of certain personal property; providing
   46         responsibilities of the department relating to the
   47         issuance of a license plate, revalidation sticker, or
   48         replacement license plate; requiring the department to
   49         create a notice to surrender form; providing
   50         procedures for the dispute of a notice to surrender;
   51         authorizing certain secured parties to move in a court
   52         of competent jurisdiction that the party be allowed to
   53         retain possession of collateral as security for a
   54         debt; providing an effective date.
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Subsection (2) of section 30.231, Florida
   59  Statutes, is amended to read:
   60         30.231 Sheriffs' fees for service of summons, subpoenas,
   61  and executions.—
   62         (2) For levying on property and for the seizure of persons,
   63  the sheriff shall be allowed anticipated expenses necessary for
   64  the execution of the process directing such levy or seizure and
   65  for the safekeeping of property and persons in the custody of
   66  the sheriff. A reasonable cost deposit to cover said fees and
   67  expenses in connection with the requested services shall be
   68  deposited in advance, by the party requesting the service, with
   69  the officer requested to perform the service. If the sheriff is
   70  required to expedite execution of a writ of replevin pursuant to
   71  s. 30.30, the sheriff may recover additional expenses, including
   72  payment of off-duty deputy sheriffs, to expedite execution of
   73  the writ of replevin.
   74         Section 2. Subsection (1) of section 30.30, Florida
   75  Statutes, is amended to read:
   76         30.30 Writs, process; duties and liabilities in levying.—
   77         (1) Whenever any writ, issuing out of any court of this
   78  state is, shall be delivered to a sheriff, commanding the
   79  sheriff to levy upon property specifically described therein, it
   80  shall be his or her duty to levy upon such property. If a party
   81  to whom a writ of replevin has been issued requests expedited
   82  service of the writ, the sheriff shall expedite service no later
   83  than 3 days after such request, subject to payment of the
   84  additional expenses allowed by s. 30.231(2). If no property is
   85  specifically described in the writ, the sheriff he or she shall
   86  levy upon:
   87         (a) Any property in the possession of the defendant which
   88  is described in instructions for levy; and
   89         (b) Upon any property assessed against the defendant on the
   90  current tax rolls of the county or registered in his or her name
   91  under any law of the United States or of the state, upon the
   92  request of the plaintiff or the plaintiff’s attorney listing
   93  such property in an instructions for levy. The instructions for
   94  levy shall state the balance due on such writ.
   95         Section 3. Subsection (1) of section 78.065, Florida
   96  Statutes, is amended to read:
   97         78.065 Order to show cause; contents.—
   98         (1) The court without delay shall examine the complaint
   99  filed; and, if on the basis of the complaint and further showing
  100  of the plaintiff in support of it the court finds that the
  101  defendant has waived in accordance with s. 78.075 his or her
  102  right to be notified and heard, the court shall promptly issue
  103  an order authorizing the clerk of the court to issue a writ of
  104  replevin. The court shall advance the cause on the calendar and
  105  shall rule on whether a writ of replevin will be issued within 3
  106  days after the date the civil action seeking issuance of the
  107  writ of replevin is filed.
  108         Section 4. Subsection (1) of section 78.068, Florida
  109  Statutes, is amended to read:
  110         78.068 Prejudgment writ of replevin.—
  111         (1) A prejudgment writ of replevin may be issued and the
  112  property seized delivered forthwith to the petitioners when the
  113  nature of the claim and the amount thereof, if any, and the
  114  grounds relied upon for the issuance of the writ clearly appear
  115  from specific facts shown by the verified petition or by
  116  separate affidavit of the petitioner. The court shall advance
  117  the cause on the calendar and shall rule on whether a writ of
  118  replevin will be issued within 3 days after the date the civil
  119  action seeking issuance of the writ of replevin is filed.
  120         Section 5. Paragraph (a) of subsection (5) of section
  121  319.24, Florida Statutes, is amended to read:
  122         319.24 Issuance in duplicate; delivery; liens and
  123  encumbrances.—
  124         (5)(a) Upon satisfaction of any first lien or encumbrance
  125  recorded at the department, the owner of the motor vehicle or
  126  mobile home, as shown on the title certificate, or the person
  127  satisfying the lien shall be entitled to demand and receive from
  128  the lienholder a satisfaction of the lien. If the lienholder,
  129  upon satisfaction of the lien and upon demand, fails or refuses
  130  to furnish a satisfaction thereof within 30 days after demand,
  131  he or she shall be held liable for all costs, damages, and
  132  expenses, including reasonable attorney’s fees, lawfully
  133  incurred by the titled owner or person satisfying the lien in
  134  any suit brought in this state for cancellation of the lien. A
  135  motor vehicle dealer acquiring ownership of a motor vehicle with
  136  an outstanding purchase money lien, shall pay and satisfy the
  137  outstanding lien within 10 working days after of acquiring
  138  ownership. The lienholder receiving final payment as defined in
  139  s. 674.215 shall mail or otherwise deliver a lien satisfaction
  140  and the certificate of title indicating the satisfaction within
  141  15 10 working days after of receipt of such final payment or
  142  notify the person satisfying the lien that the title is not
  143  available within 15 10 working days after of receipt of such
  144  final payment. If the lienholder is unable to provide the
  145  certificate of title and notifies the person of such, the
  146  lienholder shall provide a lien satisfaction and shall be
  147  responsible for the cost of a duplicate title, including fast
  148  title charges as provided in s. 319.323. The provisions of this
  149  paragraph shall not apply to electronic transactions pursuant to
  150  subsection (9).
  151         Section 6. Subsection (17) is added to section 320.02,
  152  Florida Statutes, to read:
  153         320.02 Registration required; application for registration;
  154  forms.—
  155         (17) If any applicant’s name appears on a list of persons
  156  who may not be issued a license plate, revalidation sticker, or
  157  replacement license plate pursuant to a written notice to
  158  surrender a vehicle submitted to the department by a lienor as
  159  provided in s. 818.01(3), the department may withhold
  160  registration, renewal of registration, or replacement
  161  registration of any motor vehicle owned by the applicant at the
  162  time the notice was submitted by the lienor. The lienor must
  163  maintain proof that written notice to surrender the vehicle was
  164  sent to each registered owner pursuant to s. 818.01(3). A
  165  license plate, revalidation sticker, or replacement license
  166  plate may not be issued until that person’s name no longer
  167  appears on the list or until the person presents documentation
  168  from the lienor that the vehicle has been surrendered to the
  169  lienor.
  170         Section 7. Section 320.1315, Florida Statutes, is created
  171  to read:
  172         320.1315 Electronic notification to motor vehicle floor
  173  plan financers upon issuance of temporary tags.—
  174         (1) In order to protect the integrity of the motor vehicle
  175  financing market, the department is directed to develop an
  176  electronic notification system that will notify motor vehicle
  177  floor plan financers of any temporary tag that is issued on a
  178  motor vehicle that is in the inventory of a secured debtor.
  179         (2) Motor vehicle floor plan financers may notify the
  180  department of the motor vehicle dealer names and license numbers
  181  of any secured debtors in which the financer has perfected a
  182  security interest pursuant to chapter 679 or other applicable
  183  law.
  184         (3) Using the motor vehicle dealer name or license number,
  185  the department shall query each temporary tag issued in the
  186  state and, when a match occurs, shall electronically notify any
  187  floor plan financer that has requested notification that a
  188  temporary tag has been issued. Included in the notice shall be
  189  the vehicle identification number, the motor vehicle dealer name
  190  and license number that is associated with the temporary tag,
  191  and the date of issuance of the temporary tag.
  192         (4) Upon termination of a perfected security interest in
  193  the inventory of a secured debtor, a floor plan financer shall
  194  notify the department of such termination and the department
  195  shall no longer be required to notify the financer of temporary
  196  tags issued on motor vehicles that are in the inventory of the
  197  secured debtor.
  198         (5) The department may adopt rules pursuant to ss.
  199  120.536(1) and 120.54 to implement this section.
  200         Section 8. Subsection (2) of section 320.0609, Florida
  201  Statutes, are amended to read:
  202         320.0609 Transfer and exchange of registration license
  203  plates; transfer fee.—
  204         (2)(a) Upon a sale, trade, transfer, or other disposition
  205  of a motor vehicle, the owner shall remove the registration
  206  license plate therefrom and either return it or transfer it to a
  207  replacement motor vehicle. No registration license plate shall
  208  be temporarily or permanently attached to any new or used
  209  replacement or substitute vehicle without filing an application
  210  for transfer of such registration license plate and paying the
  211  transfer fee of $4.50 to the department.
  212         (b) The requirement to pay a transfer fee does not apply
  213  when the replacement vehicle is classified under s.
  214  320.08(2)(b), (c), or (d) or (3)(a), (b), or (c) and the
  215  original vehicle to be replaced is also classified under s.
  216  320.08(2)(b), (c), or (d) or (3)(a), (b), or (c).
  217         (c) When a retail sale by a licensed motor vehicle dealer
  218  results in the transfer of a license plate, a temporary tag
  219  shall be issued and displayed during the time that the
  220  application for transfer of such registration license plate is
  221  being processed except when the department’s records reflect
  222  that the transfer has occurred.
  223         Section 9. Paragraph (m) is added to subsection (1) of
  224  section 320.131, Florida Statutes, to read:
  225         320.131 Temporary tags.—
  226         (1) The department is authorized and empowered to design,
  227  issue, and regulate the use of temporary tags to be designated
  228  “temporary tags” for use in the following cases:
  229         (m) For a retail sale by a licensed dealer when an
  230  application for the transfer of a registration license plate is
  231  being processed.
  232  
  233  Further, the department is authorized to disallow the purchase
  234  of temporary tags by licensed dealers, common carriers, or
  235  financial institutions in those cases where abuse has occurred.
  236         Section 10. Section 559.903, Florida Statutes, is amended
  237  to read:
  238         559.903 Definitions.—As used in this act:
  239         (1) “Customer” means the person who signs the written
  240  repair estimate or any other person whom the person who signs
  241  the written repair estimate designates on the written repair
  242  estimate as a person who may authorize repair work.
  243         (2) “Department” means the Department of Agriculture and
  244  Consumer Services.
  245         (3) “Employee” means an individual who is employed full
  246  time or part time by a motor vehicle repair shop and performs
  247  motor vehicle repair.
  248         (4) “Final estimate” means the last estimate approved by
  249  the customer either in writing or orally, as evidenced by the
  250  written repair estimate.
  251         (5) “Lienholder” means the person or entity that holds a
  252  lien or security interest on the motor vehicle and who perfected
  253  the lien or security interest on the motor vehicle pursuant to
  254  s. 319.27.
  255         (6)(5) “Motor vehicle” means any automobile, truck, bus,
  256  recreational vehicle, motorcycle, motor scooter, or other motor
  257  powered vehicle, but does not include trailers, mobile homes,
  258  travel trailers, trailer coaches without independent motive
  259  power, watercraft or aircraft, or special mobile equipment as
  260  defined in s. 316.003(48).
  261         (7)(8) “Motor vehicle repair” means all maintenance of and
  262  modifications and repairs to motor vehicles, and diagnostic work
  263  incident thereto, including, but not limited to, the rebuilding
  264  or restoring of rebuilt vehicles, body work, painting, warranty
  265  work, and other work customarily undertaken by motor vehicle
  266  repair shops.
  267         (8)(6) “Motor vehicle repair shop” means any person who,
  268  for compensation, engages or attempts to engage in the repair of
  269  motor vehicles owned by other persons and includes, but is not
  270  limited to: mobile motor vehicle repair shops, motor vehicle and
  271  recreational vehicle dealers; garages; service stations; self
  272  employed individuals; truck stops; paint and body shops; brake,
  273  muffler, or transmission shops; and shops doing glass work. Any
  274  person who engages solely in the maintenance or repair of the
  275  coach portion of a recreational vehicle is not a motor vehicle
  276  repair shop.
  277         (9) “Owner” means the person or persons whose names appear
  278  on the title to the motor vehicle.
  279         (10)(7) “Place of business” means a physical place where
  280  the business of motor vehicle repair is conducted, including any
  281  vehicle constituting a mobile motor vehicle repair shop from
  282  which the business of motor vehicle repair is conducted.
  283         Section 11. Section 559.917, Florida Statutes, is amended
  284  to read:
  285         559.917 Bond to release possessory lien claimed by motor
  286  vehicle repair shop.—
  287         (1)(a) Any customer may obtain the release of her or his
  288  motor vehicle from any lien claimed under part II of chapter 713
  289  by a motor vehicle repair shop for repair work performed under a
  290  written repair estimate by filing with the clerk of the court in
  291  the circuit in which the disputed transaction occurred a cash or
  292  surety bond, payable to the person claiming the lien and
  293  conditioned for the payment of any judgment which may be entered
  294  on the lien. The bond shall be in the amount stated on the
  295  invoice required by s. 559.911, plus accrued storage charges, if
  296  any, less any amount paid to the motor vehicle repair shop as
  297  indicated on the invoice. The customer shall not be required to
  298  institute judicial proceedings in order to post the bond in the
  299  registry of the court, nor shall the customer be required to use
  300  a particular form for posting the bond, unless the clerk shall
  301  provide such form to the customer for filing. Upon the posting
  302  of such bond, the clerk of the court shall automatically issue a
  303  certificate notifying the lienor of the posting of the bond and
  304  directing the lienor to release the customer’s motor vehicle.
  305         (b) The lienor shall have 60 days to file suit to recover
  306  the bond. The prevailing party in that action may be entitled to
  307  damages plus court costs and reasonable attorney’s fees. If the
  308  lienor fails to file suit within 60 days after the posting of
  309  such bond, the bond shall be discharged.
  310         (c) The owner or lienholder may obtain the release of a
  311  motor vehicle pursuant to s. 713.78.
  312         (2) The failure of a lienor to release or return to the
  313  customer, owner, or lienholder the motor vehicle upon which any
  314  lien is claimed, upon receiving a copy of a certificate giving
  315  notice of the posting of the bond and directing release of the
  316  motor vehicle, shall subject the lienor to judicial proceedings
  317  which may be brought by the customer, owner, or lienholder to
  318  compel compliance with the certificate. Whenever a customer,
  319  owner, or lienholder brings an action to compel compliance with
  320  the certificate, the customer, owner, or lienholder need only
  321  establish that:
  322         (a) Bond in the amount of the invoice, plus accrued storage
  323  charges, if any, less any amount paid to the motor vehicle
  324  repair shop as indicated on the invoice, was posted;
  325         (b) A certificate was issued pursuant to this section;
  326         (c) The motor vehicle repair shop, or any employee or agent
  327  thereof who is authorized to release the motor vehicle, received
  328  a copy of a certificate issued pursuant to this section; and
  329         (d) The motor vehicle repair shop or employee authorized to
  330  release the motor vehicle failed to release the motor vehicle.
  331  
  332  The customer, owner, or lienholder, upon a judgment in her or
  333  his favor in an action brought under this subsection, may be
  334  entitled to damages plus court costs and reasonable attorney’s
  335  fees sustained by her or him by reason of such wrongful
  336  detention or retention. Upon a judgment in favor of the motor
  337  vehicle repair shop, the shop may be entitled to reasonable
  338  attorney’s fees.
  339         (3) Any motor vehicle repair shop which, or any employee or
  340  agent thereof who is authorized to release the motor vehicle
  341  who, upon receiving a copy of a certificate giving notice of the
  342  posting of the bond in the required amount and directing release
  343  of the motor vehicle, fails to release or return the property to
  344  the customer, owner, or lienholder pursuant to this section
  345  commits is guilty of a misdemeanor of the second degree,
  346  punishable as provided in s. 775.082 or s. 775.083.
  347         (4) Any customer, owner, or lienholder who stops payment on
  348  a credit card charge or a check drawn in favor of a motor
  349  vehicle repair shop on account of an invoice or who fails to
  350  post a cash or surety bond pursuant to this section shall be
  351  prohibited from any recourse under this section with respect to
  352  the motor vehicle repair shop.
  353         Section 12. Section 713.585, Florida Statutes, is amended
  354  to read:
  355         713.585 Enforcement of lien by sale of motor vehicle.—A
  356  person claiming a lien under s. 713.58 for performing labor or
  357  services on a motor vehicle may enforce such lien by sale of the
  358  vehicle in accordance with the following procedures:
  359         (1) The lienor must give notice, by certified mail, return
  360  receipt requested, within 10 15 business days, excluding
  361  Saturday and Sunday, from the beginning date of the assessment
  362  of storage charges on the said motor vehicle, to the registered
  363  owner of the vehicle, to the customer as indicated on the order
  364  for repair, and to all other persons claiming an interest in or
  365  lien thereon, as disclosed by the records of the Department of
  366  Highway Safety and Motor Vehicles or of a corresponding agency
  367  of any other state in which the vehicle appears registered. Such
  368  notice must contain:
  369         (a) A description of the vehicle (year, make, vehicle
  370  identification number) and its location.
  371         (b) The name and address of the owner of the vehicle, the
  372  customer as indicated on the order for repair, and any person
  373  claiming an interest in or lien thereon.
  374         (c) The name, address, and telephone number of the lienor.
  375         (d) Notice that the lienor claims a lien on the vehicle for
  376  labor and services performed and storage charges, if any, and
  377  the cash sum which, if paid to the lienor, would be sufficient
  378  to redeem the vehicle from the lien claimed by the lienor.
  379         (e) Notice that the lien claimed by the lienor is subject
  380  to enforcement pursuant to this section and that the vehicle may
  381  be sold to satisfy the lien.
  382         (f) If known, the date, time, and location of any proposed
  383  or scheduled sale of the vehicle. No vehicle may be sold earlier
  384  than 50 60 days after completion of the repair work.
  385         (g) Notice that the owner of the vehicle or any person
  386  claiming an interest in or lien thereon has a right to a hearing
  387  at any time prior to the scheduled date of sale by filing a
  388  demand for hearing with the clerk of the circuit court in the
  389  county in which the vehicle is held and mailing copies of the
  390  demand for hearing to all other owners and lienors as reflected
  391  on the notice.
  392         (h) Notice that the owner or lienholder of the vehicle has
  393  a right to recover possession of the vehicle without instituting
  394  judicial proceedings by posting bond in accordance with the
  395  provisions of s. 559.917.
  396         (i) Notice that any proceeds from the sale of the vehicle
  397  remaining after payment of the amount claimed to be due and
  398  owing to the lienor will be deposited with the clerk of the
  399  circuit court for disposition upon court order pursuant to
  400  subsection (8).
  401         (2) If attempts to locate the owner or lienholder are
  402  unsuccessful, the lienor must notify the local law enforcement
  403  agency in writing by certified mail or acknowledged hand
  404  delivery that the lienor has been unable to locate the owner or
  405  lienholder, that a physical search of the vehicle has disclosed
  406  no ownership information, and that a good faith effort has been
  407  made. A description of the motor vehicle which includes the
  408  year, make, and identification number must be given on the
  409  notice. This notification must take place within 10 15 business
  410  days, excluding Saturday and Sunday, from the beginning date of
  411  the assessment of storage charges on the said motor vehicle. For
  412  purposes of this paragraph, the term “good faith effort” means
  413  that the following checks have been performed by the company to
  414  establish the prior state of registration and title:
  415         (a) A check of vehicle for any type of tag, tag record,
  416  temporary tag, or regular tag;
  417         (b) A check of vehicle for inspection sticker or other
  418  stickers and decals that could indicate the state of possible
  419  registration; and
  420         (c) A check of the interior of the vehicle for any papers
  421  that could be in the glove box, trunk, or other areas for the
  422  state of registration.
  423         (3) If the date of the sale was not included in the notice
  424  required in subsection (1), notice of the sale must be sent by
  425  certified mail, return receipt requested, not less than 15 days
  426  before the date of sale, to the customer as indicated on the
  427  order for repair, and to all other persons claiming an interest
  428  in or lien on the motor vehicle, as disclosed by the records of
  429  the Department of Highway Safety and Motor Vehicles or of a
  430  corresponding agency of any other state in which the vehicle
  431  appears to have been registered. After diligent search and
  432  inquiry, if the name and address of the registered owner or the
  433  owner of the recorded lien cannot be ascertained, the
  434  requirements for this notice may be disregarded.
  435         (4) The lienor, at least 15 days before the proposed or
  436  scheduled date of sale of the vehicle, shall publish the notice
  437  required by this section once in a newspaper circulated in the
  438  county where the vehicle is held. A certificate of compliance
  439  with the notification provisions of this section, verified by
  440  the lienor, together with a copy of the notice and return
  441  receipt for mailing of the notice required by this section, and
  442  proof of publication, must be duly and expeditiously filed with
  443  the clerk of the circuit court in the county where the vehicle
  444  is held. The lienor, at the time of filing the certificate of
  445  compliance, must pay to the clerk of that court a service charge
  446  of $10 for indexing and recording the certificate.
  447         (5) At any time prior to the proposed or scheduled date of
  448  sale of a vehicle, the owner of the vehicle, or any person
  449  claiming an interest in the vehicle or a lien thereon, may file
  450  a demand for hearing with the clerk of the circuit court in the
  451  county in which the vehicle is held to determine whether the
  452  vehicle has been wrongfully taken or withheld from her or him.
  453  Any person who files a demand for hearing shall mail copies of
  454  the demand to all other owners and lienors as reflected on the
  455  notice required in subsection (1). Upon the filing of a demand
  456  for hearing, a hearing shall be held prior to the proposed or
  457  scheduled date of sale of the vehicle.
  458         (6) In the event a lienor institutes a judicial proceeding
  459  to enforce a lien, no filing fee shall be required at the time
  460  of filing, but the court shall require the lienor to pay the
  461  filing fee unless the lienor shall prevail in the action.
  462         (7) At the hearing on the complaint, the court shall
  463  forthwith issue its order determining:
  464         (a) Whether the vehicle is subject to a valid lien by the
  465  lienor and the amount thereof;
  466         (b) The priority of the lien of the lienor as against any
  467  existing security interest in the vehicle;
  468         (c) The distribution of any proceeds of the sale by the
  469  clerk of the circuit court;
  470         (d) The award of reasonable attorney’s fees and costs to
  471  the prevailing party; and
  472         (e) The reasonableness of storage charges.
  473         (8) A vehicle subject to lien enforcement pursuant to this
  474  section must be sold by the lienor at public sale. Immediately
  475  upon the sale of the vehicle and payment in cash of the purchase
  476  price, the lienor shall deposit with the clerk of the circuit
  477  court the proceeds of the sale less the amount claimed by the
  478  lienor for work done and storage, if any, and all reasonable
  479  costs and expenses incurred in conducting the sale, including
  480  any attorney’s fees and costs ordered by the court.
  481  Simultaneously with depositing the proceeds of sale remaining
  482  after payment to the lienor, the lienor shall file with the
  483  clerk a verified report of the sale stating a description of the
  484  vehicle sold, including the vehicle identification number; the
  485  name and address of the purchaser; the date of the sale; and the
  486  selling price. The report shall also itemize the amount retained
  487  by the lienor pursuant to this section and shall indicate
  488  whether a hearing was demanded and held. All proceeds held by
  489  the court shall be held for the benefit of the owner of the
  490  vehicle or any lienholder whose lien is discharged by the sale
  491  and shall be disbursed only upon order of the court. Unless a
  492  proceeding is initiated to validate a claim to such proceeds
  493  within 1 year and a day from the date of the sale, the proceeds
  494  shall be deemed abandoned property and disposition thereof shall
  495  be governed by s. 705.103. The clerk shall receive 5 percent of
  496  the proceeds deposited with her or him, not to exceed $25, for
  497  her or his services under this section.
  498         (9) A copy of the certificate of compliance and the report
  499  of sale, certified by the clerk of the court, shall constitute
  500  satisfactory proof for application to the Department of Highway
  501  Safety and Motor Vehicles for transfer of title, together with
  502  any other proof required by any rules and regulations of the
  503  department.
  504         (10) Nothing contained in this section shall be construed
  505  as affecting an owner’s right to redeem her or his vehicle from
  506  the lien at any time prior to sale by paying the amount claimed
  507  by the lienor for work done and assessed storage charges, plus
  508  any costs incurred by the repair shop for utilizing enforcement
  509  procedures under this section.
  510         (11) Nothing in this section shall operate in derogation of
  511  the rights and remedies established by s. 559.917.
  512         (12) When a vehicle is sold by a lienor in accordance with
  513  this law, a purchaser for value takes title to the vehicle free
  514  and clear of all claims, liens, and encumbrances whatsoever,
  515  unless otherwise provided by court order.
  516         (13) A failure to make good faith efforts as defined in
  517  subsection (2) precludes the imposition of any storage charges
  518  against the vehicle. If a lienor fails to provide notice to any
  519  person claiming a lien on a vehicle under subsection (1) within
  520  10 15 business days, excluding Saturday or Sunday, after the
  521  assessment of storage charges have begun, then the lienor is
  522  precluded from charging for more than 15 days of storage, but
  523  failure to provide timely notice does not affect charges made
  524  for repairs, adjustments, or modifications to the vehicle or the
  525  priority of liens on the vehicle.
  526         Section 13. Section 818.01, Florida Statutes, is amended to
  527  read:
  528         818.01 Disposing of or concealing personal property under
  529  lien or subject to conditional sale.—
  530         (1) Any person who:
  531         (a) Pledges, mortgages, sells, encumbers, removes,
  532  destroys, conceals Whoever shall pledge, mortgage, sell, or
  533  otherwise disposes of, or conspires, aids, abets, or assents in
  534  the disposal dispose of, any personal property, including any
  535  motor vehicle, to him or her belonging to the person, or which
  536  shall be in the person’s his or her possession, and which
  537  property is shall be subject to any written lien, or which shall
  538  be subject to any statutory lien, whether written or not, or is
  539  which shall be the subject of any written conditional sale
  540  contract under which the title is retained by the lienor vendor,
  541  without the written consent of the person holding such lien, or
  542  retaining such title;
  543         (b) Removes or causes the removal of any such property and
  544  whoever shall remove or cause to be removed beyond the limits of
  545  the county where such lien was created or such conditional sale
  546  contract was entered into, any such property, without the
  547  written consent of the person holding such lien or retaining
  548  such title; aforesaid, or
  549         (c) Hides, conceals, or transfers shall hide, conceal or
  550  transfer, such property with intent to defeat, hinder, or delay
  551  the enforcement of such lien, or the recovery of such property
  552  by the lienor
  553  
  554  commits vendor, shall be guilty of a misdemeanor of the first
  555  degree, punishable as provided in s. 775.082 or s. 775.083.
  556         (2) It is shall be prima facie evidence of concealing,
  557  selling, or disposing of such personal property whenever the
  558  person owning the property at the time the lien was created, or
  559  who bought the property same under such retained title contract,
  560  fails or refuses to produce such property for inspection within
  561  the county where the lien was created, or the property
  562  delivered, upon demand of the person holding having such lien,
  563  or retaining such title, after the debt secured by such lien has
  564  become enforceable, or the lienee vendee has substantially
  565  defaulted in the performance of such retained title contract.
  566         (3) Upon receipt from a lienor who claims a lien on a
  567  vehicle pursuant to s. 319.27 by the Department of Highway
  568  Safety and Motor Vehicles of written notice to surrender a
  569  vehicle or vessel that has been disposed of, concealed, removed,
  570  or destroyed by the lienee, the department shall place the name
  571  of the registered owner of that vehicle on the list of those
  572  persons who may not be issued a license plate, revalidation
  573  sticker, or replacement license plate for any motor vehicle
  574  under s. 320.03(8) owned by the lienee at the time the notice
  575  was given by the lienor. If the vehicle is owned jointly by more
  576  than one person, the name of each registered owner shall be
  577  placed on the list.
  578         (a) The notice to surrender the vehicle shall be submitted
  579  on forms developed by the department, which must include:
  580         1. The name, address, and telephone number of the lienor.
  581         2. The name of the registered owner of the vehicle and the
  582  address to which the lienor provided notice to surrender the
  583  vehicle to the registered owner.
  584         3. A general description of the vehicle, including its
  585  color, make, model, body style, and year.
  586         4. The vehicle identification number, registration license
  587  plate number, if known, or other identification number, as
  588  applicable.
  589         (b) The registered owner of the vehicle may dispute a
  590  notice to surrender the vehicle by notifying the department of
  591  the dispute in writing on forms provided by the department and
  592  presenting proof that the vehicle was sold to a motor vehicle
  593  dealer licensed under s. 320.27, a mobile home dealer licensed
  594  under s. 320.77, or a recreational vehicle dealer licensed under
  595  s. 320.771.
  596         (4) A secured party who reasonably believes that an
  597  individual intends to conceal or remove property subject to a
  598  lien from the county where the lien was created or a conditional
  599  sale contract was entered into may, within 10 days after
  600  retaking possession of the property, move in a court of
  601  competent jurisdiction that the secured party be allowed to
  602  retain possession of the property as security for the debt. If
  603  the court finds reasonable cause to believe that the individual
  604  intends to conceal the property or remove it from this state, it
  605  shall order that the property remain in the possession of the
  606  secured party, notwithstanding the other provisions of this
  607  section.
  608         Section 14. This act shall take effect July 1, 2009.