Florida Senate - 2009                      CS for CS for SB 2000
       
       
       
       By the Committees on Judiciary; and Commerce; and Senator
       Constantine
       
       
       
       590-05185-09                                          20092000c2
    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         amending s. 78.068, F.S.; requiring courts to advance
   11         certain matters related to prejudgment writs of
   12         replevin on the calendar; amending s. 320.02, F.S.;
   13         authorizing the Department of Highway Safety and Motor
   14         Vehicles to withhold renewal of registration or
   15         replacement registration of specified motor vehicles
   16         under certain circumstances; prohibiting the
   17         department from issuing a revalidation ticket or
   18         replacement license plate under certain circumstances;
   19         prohibiting the department from withholding an initial
   20         registration under certain circumstances; amending s.
   21         320.0609, F.S.; revising provisions relating to the
   22         transfer and exchange of registration license plates
   23         and transfer fees; requiring that a temporary tag be
   24         issued and displayed during the time that an
   25         application for a transfer of a registration license
   26         plate is being processed; amending s. 320.131, F.S.;
   27         conforming provisions relating to temporary tags to
   28         changes made by the act; creating s. 320.1316, F.S.;
   29         providing responsibilities of the department relating
   30         to the issuance of a license plate, revalidation
   31         sticker, or replacement license plate for certain
   32         vehicles; requiring the department to create a notice
   33         to surrender form; providing procedures for the
   34         dispute of a notice to surrender; amending s. 322.34,
   35         F.S.; creating certain rights for lienholders;
   36         deleting a return receipt mailing requirement;
   37         amending s. 559.903, F.S.; defining the terms
   38         “lienholder,” “motor vehicle repair shop,” “owner,”
   39         and “place of business” for purposes of the Florida
   40         Motor Vehicle Repair Act; amending s. 559.917, F.S.;
   41         providing for a motor vehicle owner or lienholder to
   42         obtain the release of a motor vehicle from a motor
   43         vehicle repair shop; revising criteria required to
   44         establish an action to compel compliance; amending s.
   45         713.585, F.S.; modifying procedures for enforcing
   46         liens for labor or services by sale of a motor
   47         vehicle; amending s. 713.78, F.S.; clarifying
   48         provisions; deleting a return receipt mailing
   49         requirement; creating certain rights for lienholders;
   50         deleting a provision that allows a complaint to be
   51         filed in the county where the owner resides; creating
   52         a cause of action to determine the rights of the
   53         parties after a vehicle or vessel has been sold;
   54         providing for attorney’s fees and costs; providing a
   55         right of inspection to lienholders; providing an
   56         effective date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Subsection (2) of section 30.231, Florida
   61  Statutes, is amended to read:
   62         30.231 Sheriffs’ fees for service of summons, subpoenas,
   63  and executions.—
   64         (2) For levying on property and for the seizure of persons,
   65  the sheriff shall be allowed anticipated expenses necessary for
   66  the execution of the process directing such levy or seizure and
   67  for the safekeeping of property and persons in the custody of
   68  the sheriff. A reasonable cost deposit to cover said fees and
   69  expenses in connection with the requested services shall be
   70  deposited in advance, by the party requesting the service, with
   71  the officer requested to perform the service. If the sheriff is
   72  required to expedite execution of a writ of replevin pursuant to
   73  s. 30.30, the sheriff may recover additional expenses, including
   74  payment of off-duty deputy sheriffs, to expedite execution of
   75  the writ of replevin.
   76         Section 2. Subsection (1) of section 30.30, Florida
   77  Statutes, is amended to read:
   78         30.30 Writs, process; duties and liabilities in levying.—
   79         (1) Whenever any writ, issuing out of any court of this
   80  state is, shall be delivered to a sheriff, commanding the
   81  sheriff to levy upon property specifically described therein, it
   82  shall be his or her duty to levy upon such property. If a party
   83  to whom a writ of replevin has been issued requests expedited
   84  service of the writ because the writ is upon property that
   85  includes motor vehicles, the sheriff shall expedite service no
   86  later than 3 days after such request, subject to payment of the
   87  additional expenses allowed by s. 30.231(2). If no property is
   88  specifically described in the writ, the sheriff he or she shall
   89  levy upon:
   90         (a) Any property in the possession of the defendant which
   91  is described in instructions for levy; and
   92         (b) Upon any property assessed against the defendant on the
   93  current tax rolls of the county or registered in his or her name
   94  under any law of the United States or of the state, upon the
   95  request of the plaintiff or the plaintiff’s attorney listing
   96  such property in an instructions for levy. The instructions for
   97  levy shall state the balance due on such writ.
   98         Section 3. Subsection (1) of section 78.065, Florida
   99  Statutes, is amended to read:
  100         78.065 Order to show cause; contents.—
  101         (1) The court without delay shall examine the complaint
  102  filed; and, if on the basis of the complaint and further showing
  103  of the plaintiff in support of it the court finds that the
  104  defendant has waived in accordance with s. 78.075 his or her
  105  right to be notified and heard, the court shall promptly issue
  106  an order authorizing the clerk of the court to issue a writ of
  107  replevin. The court shall advance the cause on the calendar.
  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.
  118         Section 5. Subsection (17) is added to section 320.02,
  119  Florida Statutes, to read:
  120         320.02 Registration required; application for registration;
  121  forms.—
  122         (17)If any applicant’s name appears on a list of persons
  123  who may not be issued a license plate, revalidation sticker, or
  124  replacement license plate after a written notice to surrender a
  125  vehicle was submitted to the department by a lienor as provided
  126  in s. 320.1316, the department may withhold renewal of
  127  registration or replacement registration of any motor vehicle
  128  owned by the applicant at the time the notice was submitted by
  129  the lienor. The lienor must maintain proof that written notice
  130  to surrender the vehicle was sent to each registered owner
  131  pursuant to s. 320.1316(1). A revalidation sticker or
  132  replacement license plate may not be issued until that person’s
  133  name no longer appears on the list or until the person presents
  134  documentation from the lienor that the vehicle has been
  135  surrendered to the lienor. The department may not withhold an
  136  initial registration in connection with an applicant’s purchase
  137  or lease of a motor vehicle solely because the applicant’s name
  138  is on the list created by s. 320.1316.
  139         Section 6. Subsection (2) of section 320.0609, Florida
  140  Statutes, are amended to read:
  141         320.0609 Transfer and exchange of registration license
  142  plates; transfer fee.—
  143         (2)(a) Upon a sale, trade, transfer, or other disposition
  144  of a motor vehicle, the owner shall remove the registration
  145  license plate therefrom and either return it or transfer it to a
  146  replacement motor vehicle. No registration license plate shall
  147  be temporarily or permanently attached to any new or used
  148  replacement or substitute vehicle without filing an application
  149  for transfer of such registration license plate and paying the
  150  transfer fee of $4.50 to the department.
  151         (b) The requirement to pay a transfer fee does not apply
  152  when the replacement vehicle is classified under s.
  153  320.08(2)(b), (c), or (d) or (3)(a), (b), or (c) and the
  154  original vehicle to be replaced is also classified under s.
  155  320.08(2)(b), (c), or (d) or (3)(a), (b), or (c).
  156         (c)If a retail sale by a licensed independent motor
  157  vehicle dealer results in the transfer of a license plate, a
  158  temporary tag shall be issued and displayed during the time that
  159  the application for transfer of such registration license plate
  160  is being processed, unless the department’s records reflect that
  161  the transfer has occurred.
  162         Section 7. Paragraph (m) is added to subsection (1) of
  163  section 320.131, Florida Statutes, to read:
  164         320.131 Temporary tags.—
  165         (1) The department is authorized and empowered to design,
  166  issue, and regulate the use of temporary tags to be designated
  167  “temporary tags” for use in the following cases:
  168         (m)For a retail sale by a licensed independent motor
  169  vehicle dealer when an application for the transfer of a
  170  registration license plate is being processed.
  171  
  172  Further, the department is authorized to disallow the purchase
  173  of temporary tags by licensed dealers, common carriers, or
  174  financial institutions in those cases where abuse has occurred.
  175         Section 8. Section 320.1316, Florida Statutes, is created
  176  to read:
  177         320.1316Failure to surrender vehicle or vessel.—
  178         (1)Upon receipt, from a lienor who claims a lien on a
  179  vehicle pursuant to s. 319.27, of written notice to surrender a
  180  vehicle or vessel that has been disposed of, concealed, removed,
  181  or destroyed by the lienee, the department shall place the name
  182  of the registered owner of that vehicle on the list of those
  183  persons who, under s. 320.03(8), may not be issued a license
  184  plate, revalidation sticker, or replacement license plate for
  185  any motor vehicle owned by the lienee at the time the notice was
  186  given by the lienor. If the vehicle is owned jointly by more
  187  than one person, the name of each registered owner shall be
  188  placed on the list.
  189         (2)The notice to surrender the vehicle shall be submitted
  190  on forms developed by the department, which must include:
  191         (a)The name, address, and telephone number of the lienor.
  192         (b)The name of the registered owner of the vehicle and the
  193  address to which the lienor provided notice to the registered
  194  owner to surrender the vehicle.
  195         (c)A general description of the vehicle, including its
  196  color, make, model, body style, and year.
  197         (d)The vehicle identification number, registration license
  198  plate number, if known, or other identification number, as
  199  applicable.
  200         (3)The registered owner of the vehicle may dispute a
  201  notice to surrender the vehicle by notifying the department of
  202  the dispute in writing on forms provided by the department and
  203  by presenting proof that the vehicle was sold to a motor vehicle
  204  dealer licensed under s. 320.27, a mobile home dealer licensed
  205  under s. 320.77, or a recreational vehicle dealer licensed under
  206  s. 320.771.
  207         Section 9. Subsection (8) of section 322.34, Florida
  208  Statutes, is amended to read:
  209         322.34 Driving while license suspended, revoked, canceled,
  210  or disqualified.—
  211         (8)(a) Upon the arrest of a person for the offense of
  212  driving while the person’s driver’s license or driving privilege
  213  is suspended or revoked, the arresting officer shall determine:
  214         1. Whether the person’s driver’s license is suspended or
  215  revoked.
  216         2. Whether the person’s driver’s license has remained
  217  suspended or revoked since a conviction for the offense of
  218  driving with a suspended or revoked license.
  219         3. Whether the suspension or revocation was made under s.
  220  316.646 or s. 627.733, relating to failure to maintain required
  221  security, or under s. 322.264, relating to habitual traffic
  222  offenders.
  223         4. Whether the driver is the registered owner or coowner of
  224  the vehicle.
  225         (b) If the arresting officer finds in the affirmative as to
  226  all of the criteria in paragraph (a), the officer shall
  227  immediately impound or immobilize the vehicle.
  228         (c) Within 7 business days after the date the arresting
  229  agency impounds or immobilizes the vehicle, either the arresting
  230  agency or the towing service, whichever is in possession of the
  231  vehicle, shall send notice by certified mail, return receipt
  232  requested, to any coregistered owners of the vehicle other than
  233  the person arrested and to each person of record claiming a lien
  234  against the vehicle. All costs and fees for the impoundment or
  235  immobilization, including the cost of notification, must be paid
  236  by the owner of the vehicle or, if the vehicle is leased, by the
  237  person leasing the vehicle.
  238         (d) Either the arresting agency or the towing service,
  239  whichever is in possession of the vehicle, shall determine
  240  whether any vehicle impounded or immobilized under this section
  241  has been leased or rented or if there are any persons of record
  242  with a lien upon the vehicle. Either the arresting agency or the
  243  towing service, whichever is in possession of the vehicle, shall
  244  notify by express courier service with receipt or certified
  245  mail, return receipt requested, within 7 business days after the
  246  date of the immobilization or impoundment of the vehicle, the
  247  registered owner and all persons having a recorded lien against
  248  the vehicle that the vehicle has been impounded or immobilized.
  249  A lessor, rental car company, or lienholder may then obtain the
  250  vehicle, upon payment of any lawful towing or storage charges.
  251  If the vehicle is a rental vehicle subject to a written
  252  contract, the charges may be separately charged to the renter,
  253  in addition to the rental rate, along with other separate fees,
  254  charges, and recoupments disclosed on the rental agreement. If
  255  the storage facility fails to provide timely notice to a lessor,
  256  rental car company, or lienholder as required by this paragraph,
  257  the storage facility shall be responsible for payment of any
  258  towing or storage charges necessary to release the vehicle to a
  259  lessor, rental car company, or lienholder that accrue after the
  260  notice period, which charges may then be assessed against the
  261  driver of the vehicle if the vehicle was lawfully impounded or
  262  immobilized.
  263         (e) Except as provided in paragraph (d), the vehicle shall
  264  remain impounded or immobilized for any period imposed by the
  265  court until:
  266         1. The owner presents proof of insurance to the arresting
  267  agency; or
  268         2. The owner presents proof of sale of the vehicle to the
  269  arresting agency and the buyer presents proof of insurance to
  270  the arresting agency.
  271  
  272  If proof is not presented within 35 days after the impoundment
  273  or immobilization, a lien shall be placed upon such vehicle
  274  pursuant to s. 713.78.
  275         (f) The owner of a vehicle that is impounded or immobilized
  276  under this subsection may, within 10 days after the date the
  277  owner has knowledge of the location of the vehicle, file a
  278  complaint in the county in which the owner resides to determine
  279  whether the vehicle was wrongfully taken or withheld. Upon the
  280  filing of a complaint, the owner or lienholder may have the
  281  vehicle released by posting with the court a bond or other
  282  adequate security equal to the amount of the costs and fees for
  283  impoundment or immobilization, including towing or storage, to
  284  ensure the payment of such costs and fees if the owner or
  285  lienholder does not prevail. When the vehicle owner or
  286  lienholder does not prevail on a complaint that the vehicle was
  287  wrongfully taken or withheld, he or she must pay the accrued
  288  charges for the immobilization or impoundment, including any
  289  towing and storage charges assessed against the vehicle. When
  290  the bond is posted and the fee is paid as set forth in s. 28.24,
  291  the clerk of the court shall issue a certificate releasing the
  292  vehicle. At the time of release, after reasonable inspection,
  293  the owner must give a receipt to the towing or storage company
  294  indicating any loss or damage to the vehicle or to the contents
  295  of the vehicle.
  296         Section 10. Section 559.903, Florida Statutes, is amended
  297  to read:
  298         559.903 Definitions.—As used in this act:
  299         (1) “Customer” means the person who signs the written
  300  repair estimate or any other person whom the person who signs
  301  the written repair estimate designates on the written repair
  302  estimate as a person who may authorize repair work.
  303         (2) “Department” means the Department of Agriculture and
  304  Consumer Services.
  305         (3) “Employee” means an individual who is employed full
  306  time or part time by a motor vehicle repair shop and performs
  307  motor vehicle repair.
  308         (4) “Final estimate” means the last estimate approved by
  309  the customer either in writing or orally, as evidenced by the
  310  written repair estimate.
  311         (5)“Lienholder” means the person or entity that holds a
  312  lien or security interest on the motor vehicle and who perfected
  313  the lien or security interest on the motor vehicle pursuant to
  314  s. 319.27.
  315         (6)(5) “Motor vehicle” means any automobile, truck, bus,
  316  recreational vehicle, motorcycle, motor scooter, or other motor
  317  powered vehicle, but does not include trailers, mobile homes,
  318  travel trailers, trailer coaches without independent motive
  319  power, watercraft or aircraft, or special mobile equipment as
  320  defined in s. 316.003(48).
  321         (6)“Motor vehicle repair shop” means any person who, for
  322  compensation, engages or attempts to engage in the repair of
  323  motor vehicles owned by other persons and includes, but is not
  324  limited to: mobile motor vehicle repair shops, motor vehicle and
  325  recreational vehicle dealers; garages; service stations; self
  326  employed individuals; truck stops; paint and body shops; brake,
  327  muffler, or transmission shops; and shops doing glass work. Any
  328  person who engages solely in the maintenance or repair of the
  329  coach portion of a recreational vehicle is not a motor vehicle
  330  repair shop.
  331         (7)“Place of business” means a physical place where the
  332  business of motor vehicle repair is conducted, including any
  333  vehicle constituting a mobile motor vehicle repair shop from
  334  which the business of motor vehicle repair is conducted.
  335         (7)(8) “Motor vehicle repair” means all maintenance of and
  336  modifications and repairs to motor vehicles, and diagnostic work
  337  incident thereto, including, but not limited to, the rebuilding
  338  or restoring of rebuilt vehicles, body work, painting, warranty
  339  work, and other work customarily undertaken by motor vehicle
  340  repair shops.
  341         (8)“Motor vehicle repair shop” means any person who, for
  342  compensation, engages or attempts to engage in the repair of
  343  motor vehicles owned by other persons. Motor vehicle repair
  344  shops include, but are not limited to, mobile motor vehicle
  345  repair shops; motor vehicle and recreational vehicle dealers;
  346  garages; service stations; self-employed individuals; truck
  347  stops; paint and body shops; brake, muffler, or transmission
  348  shops; and shops doing glass work. Any person who engages solely
  349  in the maintenance or repair of the coach portion of a
  350  recreational vehicle is not a motor vehicle repair shop.
  351         (9)“Owner” means the person or persons whose names appear
  352  on the title to the motor vehicle.
  353         (10)“Place of business” means a physical place where the
  354  business of motor vehicle repair is conducted, including any
  355  vehicle constituting a mobile motor vehicle repair shop from
  356  which the business of motor vehicle repair is conducted.
  357         Section 11. Section 559.917, Florida Statutes, is amended
  358  to read:
  359         559.917 Bond to release possessory lien claimed by motor
  360  vehicle repair shop.—
  361         (1)(a) Any customer may obtain the release of her or his
  362  motor vehicle from any lien claimed under part II of chapter 713
  363  by a motor vehicle repair shop for repair work performed under a
  364  written repair estimate by filing with the clerk of the court in
  365  the circuit in which the disputed transaction occurred a cash or
  366  surety bond, payable to the person claiming the lien and
  367  conditioned for the payment of any judgment which may be entered
  368  on the lien. The bond shall be in the amount stated on the
  369  invoice required by s. 559.911, plus accrued storage charges, if
  370  any, less any amount paid to the motor vehicle repair shop as
  371  indicated on the invoice. The customer shall not be required to
  372  institute judicial proceedings in order to post the bond in the
  373  registry of the court, nor shall the customer be required to use
  374  a particular form for posting the bond, unless the clerk shall
  375  provide such form to the customer for filing. Upon the posting
  376  of such bond, the clerk of the court shall automatically issue a
  377  certificate notifying the lienor of the posting of the bond and
  378  directing the lienor to release the customer’s motor vehicle.
  379         (b) The lienor shall have 60 days to file suit to recover
  380  the bond. The prevailing party in that action may be entitled to
  381  damages plus court costs and reasonable attorney’s fees. If the
  382  lienor fails to file suit within 60 days after the posting of
  383  such bond, the bond shall be discharged.
  384         (c)The owner or lienholder may obtain the release of a
  385  motor vehicle pursuant to s. 713.78.
  386         (2) The failure of a lienor to release or return to the
  387  customer, owner, or lienholder the motor vehicle upon which any
  388  lien is claimed, upon receiving a copy of a certificate giving
  389  notice of the posting of the bond and directing release of the
  390  motor vehicle, shall subject the lienor to judicial proceedings
  391  which may be brought by the customer, owner, or lienholder to
  392  compel compliance with the certificate. Whenever a customer,
  393  owner, or lienholder brings an action to compel compliance with
  394  the certificate, the customer, owner, or lienholder need only
  395  establish that:
  396         (a) Bond in the amount of the invoice, plus accrued storage
  397  charges, if any, less any amount paid to the motor vehicle
  398  repair shop as indicated on the invoice, plus 15 percent, was
  399  posted;
  400         (b) A certificate was issued pursuant to this section;
  401         (c) The motor vehicle repair shop, or any employee or agent
  402  thereof who is authorized to release the motor vehicle, received
  403  a copy of a certificate issued pursuant to this section; and
  404         (d) The motor vehicle repair shop or employee authorized to
  405  release the motor vehicle failed to release the motor vehicle.
  406  
  407  The customer, owner, or lienholder, upon a judgment in her or
  408  his favor in an action brought under this subsection, may be
  409  entitled to damages plus court costs and reasonable attorney’s
  410  fees sustained by her or him by reason of such wrongful
  411  detention or retention. Upon a judgment in favor of the motor
  412  vehicle repair shop, the shop may be entitled to reasonable
  413  attorney’s fees.
  414         (3) Any motor vehicle repair shop which, or any employee or
  415  agent thereof who is authorized to release the motor vehicle
  416  who, upon receiving a copy of a certificate giving notice of the
  417  posting of the bond in the required amount and directing release
  418  of the motor vehicle, fails to release or return the property to
  419  the customer, owner, or lienholder pursuant to this section
  420  commits is guilty of a misdemeanor of the second degree,
  421  punishable as provided in s. 775.082 or s. 775.083.
  422         (4) Any customer, owner, or lienholder who stops payment on
  423  a credit card charge or a check drawn in favor of a motor
  424  vehicle repair shop on account of an invoice or who fails to
  425  post a cash or surety bond pursuant to this section shall be
  426  prohibited from any recourse under this section with respect to
  427  the motor vehicle repair shop.
  428         Section 12. Section 713.585, Florida Statutes, is amended
  429  to read:
  430         713.585 Enforcement of lien by sale of motor vehicle.—A
  431  person claiming a lien under s. 713.58 for performing labor or
  432  services on a motor vehicle may enforce such lien by sale of the
  433  vehicle in accordance with the following procedures:
  434         (1) The lienor must give notice, by certified mail, return
  435  receipt requested, within 10 15 business days, excluding
  436  Saturday and Sunday, from the beginning date of the assessment
  437  of storage charges on the said motor vehicle, to the registered
  438  owner of the vehicle, to the customer as indicated on the order
  439  for repair, and to all other persons claiming an interest in or
  440  lien thereon, as disclosed by the records of the Department of
  441  Highway Safety and Motor Vehicles or of a corresponding agency
  442  of any other state in which the vehicle appears registered. Such
  443  notice must contain:
  444         (a) A description of the vehicle (year, make, vehicle
  445  identification number) and its location.
  446         (b) The name and address of the owner of the vehicle, the
  447  customer as indicated on the order for repair, and any person
  448  claiming an interest in or lien thereon.
  449         (c) The name, address, and telephone number of the lienor.
  450         (d) Notice that the lienor claims a lien on the vehicle for
  451  labor and services performed and storage charges, if any, and
  452  the cash sum which, if paid to the lienor, would be sufficient
  453  to redeem the vehicle from the lien claimed by the lienor.
  454         (e) Notice that the lien claimed by the lienor is subject
  455  to enforcement pursuant to this section and that the vehicle may
  456  be sold to satisfy the lien.
  457         (f) If known, the date, time, and location of any proposed
  458  or scheduled sale of the vehicle. No vehicle may be sold earlier
  459  than 50 60 days after completion of the repair work.
  460         (g) Notice that the owner of the vehicle or any person
  461  claiming an interest in or lien thereon has a right to a hearing
  462  at any time prior to the scheduled date of sale by filing a
  463  demand for hearing with the clerk of the circuit court in the
  464  county in which the vehicle is held and mailing copies of the
  465  demand for hearing to all other owners and lienors as reflected
  466  on the notice.
  467         (h) Notice that the owner or lienholder of the vehicle has
  468  a right to recover possession of the vehicle without instituting
  469  judicial proceedings by posting bond in accordance with the
  470  provisions of s. 559.917.
  471         (i) Notice that any proceeds from the sale of the vehicle
  472  remaining after payment of the amount claimed to be due and
  473  owing to the lienor will be deposited with the clerk of the
  474  circuit court for disposition upon court order pursuant to
  475  subsection (8).
  476         (2) If attempts to locate the owner or lienholder are
  477  unsuccessful, the lienor must notify the local law enforcement
  478  agency in writing by certified mail or acknowledged hand
  479  delivery that the lienor has been unable to locate the owner or
  480  lienholder, that a physical search of the vehicle has disclosed
  481  no ownership information, and that a good faith effort has been
  482  made. A description of the motor vehicle which includes the
  483  year, make, and identification number must be given on the
  484  notice. This notification must take place within 10 15 business
  485  days, excluding Saturday and Sunday, from the beginning date of
  486  the assessment of storage charges on the said motor vehicle. For
  487  purposes of this paragraph, the term “good faith effort” means
  488  that the following checks have been performed by the company to
  489  establish the prior state of registration and title:
  490         (a) A check of vehicle for any type of tag, tag record,
  491  temporary tag, or regular tag;
  492         (b) A check of vehicle for inspection sticker or other
  493  stickers and decals that could indicate the state of possible
  494  registration; and
  495         (c) A check of the interior of the vehicle for any papers
  496  that could be in the glove box, trunk, or other areas for the
  497  state of registration.
  498         (3) If the date of the sale was not included in the notice
  499  required in subsection (1), notice of the sale must be sent by
  500  certified mail, return receipt requested, not less than 15 days
  501  before the date of sale, to the customer as indicated on the
  502  order for repair, and to all other persons claiming an interest
  503  in or lien on the motor vehicle, as disclosed by the records of
  504  the Department of Highway Safety and Motor Vehicles or of a
  505  corresponding agency of any other state in which the vehicle
  506  appears to have been registered. After diligent search and
  507  inquiry, if the name and address of the registered owner or the
  508  owner of the recorded lien cannot be ascertained, the
  509  requirements for this notice may be disregarded.
  510         (4) The lienor, at least 15 days before the proposed or
  511  scheduled date of sale of the vehicle, shall publish the notice
  512  required by this section once in a newspaper circulated in the
  513  county where the vehicle is held. A certificate of compliance
  514  with the notification provisions of this section, verified by
  515  the lienor, together with a copy of the notice and return
  516  receipt for mailing of the notice required by this section, and
  517  proof of publication, must be duly and expeditiously filed with
  518  the clerk of the circuit court in the county where the vehicle
  519  is held. The lienor, at the time of filing the certificate of
  520  compliance, must pay to the clerk of that court a service charge
  521  of $10 for indexing and recording the certificate.
  522         (5) At any time prior to the proposed or scheduled date of
  523  sale of a vehicle, the owner of the vehicle, or any person
  524  claiming an interest in the vehicle or a lien thereon, may file
  525  a demand for hearing with the clerk of the circuit court in the
  526  county in which the vehicle is held to determine whether the
  527  vehicle has been wrongfully taken or withheld from her or him.
  528  Any person who files a demand for hearing shall mail copies of
  529  the demand to all other owners and lienors as reflected on the
  530  notice required in subsection (1). Upon the filing of a demand
  531  for hearing, a hearing shall be held prior to the proposed or
  532  scheduled date of sale of the vehicle.
  533         (6) In the event a lienor institutes a judicial proceeding
  534  to enforce a lien, no filing fee shall be required at the time
  535  of filing, but the court shall require the lienor to pay the
  536  filing fee unless the lienor shall prevail in the action.
  537         (7) At the hearing on the complaint, the court shall
  538  forthwith issue its order determining:
  539         (a) Whether the vehicle is subject to a valid lien by the
  540  lienor and the amount thereof;
  541         (b) The priority of the lien of the lienor as against any
  542  existing security interest in the vehicle;
  543         (c) The distribution of any proceeds of the sale by the
  544  clerk of the circuit court;
  545         (d) The award of reasonable attorney’s fees and costs to
  546  the prevailing party; and
  547         (e) The reasonableness of storage charges.
  548         (8) A vehicle subject to lien enforcement pursuant to this
  549  section must be sold by the lienor at public sale. Immediately
  550  upon the sale of the vehicle and payment in cash of the purchase
  551  price, the lienor shall deposit with the clerk of the circuit
  552  court the proceeds of the sale less the amount claimed by the
  553  lienor for work done and storage, if any, and all reasonable
  554  costs and expenses incurred in conducting the sale, including
  555  any attorney’s fees and costs ordered by the court.
  556  Simultaneously with depositing the proceeds of sale remaining
  557  after payment to the lienor, the lienor shall file with the
  558  clerk a verified report of the sale stating a description of the
  559  vehicle sold, including the vehicle identification number; the
  560  name and address of the purchaser; the date of the sale; and the
  561  selling price. The report shall also itemize the amount retained
  562  by the lienor pursuant to this section and shall indicate
  563  whether a hearing was demanded and held. All proceeds held by
  564  the court shall be held for the benefit of the owner of the
  565  vehicle or any lienholder whose lien is discharged by the sale
  566  and shall be disbursed only upon order of the court. Unless a
  567  proceeding is initiated to validate a claim to such proceeds
  568  within 1 year and a day from the date of the sale, the proceeds
  569  shall be deemed abandoned property and disposition thereof shall
  570  be governed by s. 705.103. The clerk shall receive 5 percent of
  571  the proceeds deposited with her or him, not to exceed $25, for
  572  her or his services under this section.
  573         (9) A copy of the certificate of compliance and the report
  574  of sale, certified by the clerk of the court, shall constitute
  575  satisfactory proof for application to the Department of Highway
  576  Safety and Motor Vehicles for transfer of title, together with
  577  any other proof required by any rules and regulations of the
  578  department.
  579         (10) Nothing contained in this section shall be construed
  580  as affecting an owner’s right to redeem her or his vehicle from
  581  the lien at any time prior to sale by paying the amount claimed
  582  by the lienor for work done and assessed storage charges, plus
  583  any costs incurred by the repair shop for utilizing enforcement
  584  procedures under this section.
  585         (11) Nothing in this section shall operate in derogation of
  586  the rights and remedies established by s. 559.917.
  587         (12) When a vehicle is sold by a lienor in accordance with
  588  this law, a purchaser for value takes title to the vehicle free
  589  and clear of all claims, liens, and encumbrances whatsoever,
  590  unless otherwise provided by court order.
  591         (13) A failure to make good faith efforts as defined in
  592  subsection (2) precludes the imposition of any storage charges
  593  against the vehicle. If a lienor fails to provide notice to any
  594  person claiming a lien on a vehicle under subsection (1) within
  595  10 15 business days, excluding Saturday or Sunday, after the
  596  assessment of storage charges have begun, then the lienor is
  597  precluded from charging for more than 15 days of storage, but
  598  failure to provide timely notice does not affect charges made
  599  for repairs, adjustments, or modifications to the vehicle or the
  600  priority of liens on the vehicle.
  601         Section 13. Subsections (4), (5), (6), and (10) of section
  602  713.78, Florida Statutes, are amended to read:
  603         713.78 Liens for recovering, towing, or storing vehicles
  604  and vessels.—
  605         (4)(a) Any person regularly engaged in the business of
  606  recovering, towing, or storing vehicles or vessels who comes
  607  into possession of a vehicle or vessel pursuant to subsection
  608  (2), and who claims a lien for recovery, towing, or storage
  609  services, shall give notice to the registered owner, the
  610  insurance company insuring the vehicle notwithstanding the
  611  provisions of s. 627.736, and to all persons claiming a lien
  612  thereon, as disclosed by the records in the Department of
  613  Highway Safety and Motor Vehicles or of a corresponding agency
  614  in any other state.
  615         (b) Whenever any law enforcement agency authorizes the
  616  removal of a vehicle or vessel or whenever any towing service,
  617  garage, repair shop, or automotive service, storage, or parking
  618  place notifies the law enforcement agency of possession of a
  619  vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
  620  law enforcement agency of the jurisdiction where the vehicle or
  621  vessel is stored shall contact the Department of Highway Safety
  622  and Motor Vehicles, or the appropriate agency of the state of
  623  registration, if known, within 24 hours through the medium of
  624  electronic communications, giving the full description of the
  625  vehicle or vessel. Upon receipt of the full description of the
  626  vehicle or vessel, the department shall search its files to
  627  determine the owner’s name, the insurance company insuring the
  628  vehicle or vessel, and whether any person has filed a lien upon
  629  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  630  notify the applicable law enforcement agency within 72 hours.
  631  The person in charge of the towing service, garage, repair shop,
  632  or automotive service, storage, or parking place shall obtain
  633  such information from the applicable law enforcement agency
  634  within 5 days after the date of storage and shall give notice
  635  pursuant to paragraph (a). The department may release the
  636  insurance company information to the requestor notwithstanding
  637  the provisions of s. 627.736.
  638         (c) Notice by certified mail, return receipt requested,
  639  shall be sent within 7 business days after the date of storage
  640  of the vehicle or vessel to the registered owner, the insurance
  641  company insuring the vehicle notwithstanding the provisions of
  642  s. 627.736, and all persons of record claiming a lien against
  643  the vehicle or vessel. It shall state the fact of possession of
  644  the vehicle or vessel, that a lien as provided in subsection (2)
  645  is claimed, that charges have accrued and the amount thereof,
  646  that the lien is subject to enforcement pursuant to law, and
  647  that the owner or lienholder, if any, has the right to a hearing
  648  as set forth in subsection (5), and that any vehicle or vessel
  649  which remains unclaimed, or for which the charges for recovery,
  650  towing, or storage services remain unpaid, may be sold free of
  651  all prior liens after 35 days if the vehicle or vessel is more
  652  than 3 years of age or after 50 days if the vehicle or vessel is
  653  3 years of age or less.
  654         (d) If attempts to locate the name and address of the owner
  655  or lienholder prove unsuccessful, the towing-storage operator
  656  shall, after 7 working days, excluding Saturday and Sunday, of
  657  the initial tow or storage, notify the public agency of
  658  jurisdiction where the vehicle or vessel is stored in writing by
  659  certified mail or acknowledged hand delivery that the towing
  660  storage company has been unable to locate the name and address
  661  of the owner or lienholder and a physical search of the vehicle
  662  or vessel has disclosed no ownership information and a good
  663  faith effort has been made. For purposes of this paragraph and
  664  subsection (9), “good faith effort” means that the following
  665  checks have been performed by the company to establish prior
  666  state of registration and for title:
  667         1. Check of vehicle or vessel for any type of tag, tag
  668  record, temporary tag, or regular tag.
  669         2. Check of law enforcement report for tag number or other
  670  information identifying the vehicle or vessel, if the vehicle or
  671  vessel was towed at the request of a law enforcement officer.
  672         3. Check of trip sheet or tow ticket of tow truck operator
  673  to see if a tag was on vehicle or vessel at beginning of tow, if
  674  private tow.
  675         4. If there is no address of the owner on the impound
  676  report, check of law enforcement report to see if an out-of
  677  state address is indicated from driver license information.
  678         5. Check of vehicle or vessel for inspection sticker or
  679  other stickers and decals that may indicate a state of possible
  680  registration.
  681         6. Check of the interior of the vehicle or vessel for any
  682  papers that may be in the glove box, trunk, or other areas for a
  683  state of registration.
  684         7. Check of vehicle for vehicle identification number.
  685         8. Check of vessel for vessel registration number.
  686         9. Check of vessel hull for a hull identification number
  687  which should be carved, burned, stamped, embossed, or otherwise
  688  permanently affixed to the outboard side of the transom or, if
  689  there is no transom, to the outmost seaboard side at the end of
  690  the hull that bears the rudder or other steering mechanism.
  691         (5)(a) The owner of a vehicle or vessel removed pursuant to
  692  the provisions of subsection (2), or any person claiming a lien,
  693  other than the towing-storage operator, within 10 days after the
  694  time she or he has knowledge of the location of the vehicle or
  695  vessel, may file a complaint in the county court of the county
  696  in which the vehicle or vessel is stored or in which the owner
  697  resides to determine if her or his property was wrongfully taken
  698  or withheld from her or him.
  699         (b) Upon filing of a complaint, an owner or lienholder may
  700  have her or his vehicle or vessel released upon posting with the
  701  court a cash or surety bond or other adequate security equal to
  702  the amount of the charges for towing or storage and lot rental
  703  amount to ensure the payment of such charges in the event she or
  704  he does not prevail. Upon the posting of the bond and the
  705  payment of the applicable fee set forth in s. 28.24, the clerk
  706  of the court shall issue a certificate notifying the lienor of
  707  the posting of the bond and directing the lienor to release the
  708  vehicle or vessel. At the time of such release, after reasonable
  709  inspection, she or he shall give a receipt to the towing-storage
  710  company reciting any claims she or he has for loss or damage to
  711  the vehicle or vessel or the contents thereof.
  712         (c) Upon determining the respective rights of the parties,
  713  the court may award damages, attorney’s fees, and costs in favor
  714  of the prevailing party. In any event, the final order shall
  715  provide for immediate payment in full of recovery, towing, and
  716  storage fees by the vehicle or vessel owner or lienholder; or
  717  the agency ordering the tow; or the owner, lessee, or agent
  718  thereof of the property from which the vehicle or vessel was
  719  removed.
  720         (6) Any vehicle or vessel which is stored pursuant to
  721  subsection (2) and which remains unclaimed, or for which
  722  reasonable charges for recovery, towing, or storing remain
  723  unpaid, and any contents not released pursuant to subsection
  724  (10), may be sold by the owner or operator of the storage space
  725  for such towing or storage charge after 35 days from the time
  726  the vehicle or vessel is stored therein if the vehicle or vessel
  727  is more than 3 years of age or after 50 days following the time
  728  the vehicle or vessel is stored therein if the vehicle or vessel
  729  is 3 years of age or less. The sale shall be at public sale
  730  auction for cash. If the date of the sale was not included in
  731  the notice required in subsection (4), notice of the sale shall
  732  be given to the person in whose name the vehicle or vessel is
  733  registered and to all persons claiming a lien on the vehicle or
  734  vessel as shown on the records of the Department of Highway
  735  Safety and Motor Vehicles or of the corresponding agency in any
  736  other state. Notice shall be sent by certified mail, return
  737  receipt requested, to the owner of the vehicle or vessel and the
  738  person having the recorded lien on the vehicle or vessel at the
  739  address shown on the records of the registering agency and shall
  740  be mailed not less than 15 days before the date of the sale.
  741  After diligent search and inquiry, if the name and address of
  742  the registered owner or the owner of the recorded lien cannot be
  743  ascertained, the requirements of notice by mail may be dispensed
  744  with. In addition to the notice by mail, public notice of the
  745  time and place of sale shall be made by publishing a notice
  746  thereof one time, at least 10 days prior to the date of the
  747  sale, in a newspaper of general circulation in the county in
  748  which the sale is to be held. The proceeds of the sale, after
  749  payment of reasonable towing and storage charges, and costs of
  750  the sale, in that order of priority, shall be deposited with the
  751  clerk of the circuit court for the county if the owner or
  752  lienholder is absent, and the clerk shall hold such proceeds
  753  subject to the claim of the owner or lienholder person legally
  754  entitled thereto. The clerk shall be entitled to receive 5
  755  percent of such proceeds for the care and disbursement thereof.
  756  The certificate of title issued under this law shall be
  757  discharged of all liens unless otherwise provided by court
  758  order. The owner or lienholder may file a complaint after the
  759  vehicle or vessel has been sold in the county court of the
  760  county in which it is stored. Upon determining the respective
  761  rights of the parties, the court may award damages, attorney’s
  762  fees, and costs in favor of the prevailing party.
  763         (10) Persons who provide services pursuant to this section
  764  shall permit vehicle or vessel owners, lienholders, or their
  765  agents, which agency is evidenced by an original writing
  766  acknowledged by the owner before a notary public or other person
  767  empowered by law to administer oaths, to inspect the towed
  768  vehicle or vessel and shall release to the owner, lienholder, or
  769  agent the vehicle, vessel, or all personal property not affixed
  770  to the vehicle or vessel which was in the vehicle or vessel at
  771  the time the vehicle or vessel came into the custody of the
  772  person providing such services.
  773         Section 14. This act shall take effect July 1, 2009.