Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for CS for HB 293
Barcode 943960
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/2R . Floor: C
05/01/2009 11:22 AM . 05/01/2009 03:53 PM
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Senator Smith moved the following:
1 Senate Amendment (with title amendment)
2
3
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5 Delete line 118
6 and insert:
7 Section 3. Subsection (17) is added to section 320.02,
8 Florida Statutes, to read:
9 320.02 Registration required; application for registration;
10 forms.—
11 (17) If any applicant’s name appears on a list of persons
12 who may not be issued a license plate, revalidation sticker, or
13 replacement license plate after a written notice to surrender a
14 vehicle was submitted to the department by a lienor as provided
15 in s. 320.1316, the department may withhold renewal of
16 registration or replacement registration of any motor vehicle
17 owned by the applicant at the time the notice was submitted by
18 the lienor. The lienor must maintain proof that written notice
19 to surrender the vehicle was sent to each registered owner
20 pursuant to s. 320.1316(1). A revalidation sticker or
21 replacement license plate may not be issued until that person’s
22 name no longer appears on the list or until the person presents
23 documentation from the lienor that the vehicle has been
24 surrendered to the lienor. The department shall not withhold an
25 initial registration in connection with an applicant’s purchase
26 or lease of a motor vehicle solely because the applicant’s name
27 is on the list created by s. 320.1316.
28 Section 4. Subsection (10) is added to section 320.03,
29 Florida Statutes, to read:
30 320.03 Registration; duties of tax collectors;
31 International Registration Plan.—
32 (10) Jurisdiction over the outsourced electronic filing
33 system for use by licensed motor vehicle dealers electronically
34 to title and to register motor vehicles and to issue or to
35 transfer registration license plates or decals is expressly
36 preempted to the state. The department shall continue its
37 current outsourcing of the existing electronic filing system,
38 including its program standards. The electronic filing system is
39 approved for use in all counties, shall apply uniformly to all
40 tax collectors of the state, and no tax collector may add or
41 detract from the program standards in his or her respective
42 county. A motor vehicle dealer licensed under this chapter may
43 charge a fee to the customer for use of the electronic filing
44 system and such fee is not a component of the program standards.
45 Final authority over disputes relating to program standards lies
46 with the department. By January 1, 2010, the Office of Program
47 Policy Analysis and Government Accountability, with input from
48 the department and from affected parties, including tax
49 collectors, service providers, and motor vehicle dealers, shall
50 report to the President of the Senate and the Speaker of the
51 House of Representatives on the status of the outsourced
52 electronic filing system, including the program standards, and
53 its compliance with this subsection. The report shall identify
54 all public and private alternatives for continued operation of
55 the electronic filing system and shall include any and all
56 appropriate recommendations, including revisions to the program
57 standards.
58 Section 5. Section 320.1316, Florida Statutes, is created
59 to read:
60 320.1316 Failure to surrender vehicle or vessel.—
61 (1) Upon receipt from a lienor who claims a lien on a
62 vehicle pursuant to s. 319.27 by the Department of Highway
63 Safety and Motor Vehicles of written notice to surrender a
64 vehicle or vessel that has been disposed of, concealed, removed,
65 or destroyed by the lienee, the department shall place the name
66 of the registered owner of that vehicle on the list of those
67 persons who may not be issued a license plate, revalidation
68 sticker, or replacement license plate for any motor vehicle
69 under s. 320.03(8) owned by the lienee at the time the notice
70 was given by the lienor. If the vehicle is owned jointly by more
71 than one person, the name of each registered owner shall be
72 placed on the list.
73 (2) The notice to surrender the vehicle shall be submitted
74 on forms developed by the department, which must include:
75 (a) The name, address, and telephone number of the lienor.
76 (b) The name of the registered owner of the vehicle and the
77 address to which the lienor provided notice to surrender the
78 vehicle to the registered owner.
79 (c) A general description of the vehicle, including its
80 color, make, model, body style, and year.
81 (d) The vehicle identification number, registration license
82 plate number, if known, or other identification number, as
83 applicable.
84 (3) The registered owner of the vehicle may dispute a
85 notice to surrender the vehicle by notifying the department of
86 the dispute in writing on forms provided by the department and
87 presenting proof that the vehicle was sold to a motor vehicle
88 dealer licensed under s. 320.27, a mobile home dealer licensed
89 under s. 320.77, or a recreational vehicle dealer licensed under
90 s. 320.771.
91 Section 6. Subsection (8) of section 322.34, Florida
92 Statutes, is amended to read:
93 322.34 Driving while license suspended, revoked, canceled,
94 or disqualified.—
95 (8)(a) Upon the arrest of a person for the offense of
96 driving while the person’s driver’s license or driving privilege
97 is suspended or revoked, the arresting officer shall determine:
98 1. Whether the person’s driver’s license is suspended or
99 revoked.
100 2. Whether the person’s driver’s license has remained
101 suspended or revoked since a conviction for the offense of
102 driving with a suspended or revoked license.
103 3. Whether the suspension or revocation was made under s.
104 316.646 or s. 627.733, relating to failure to maintain required
105 security, or under s. 322.264, relating to habitual traffic
106 offenders.
107 4. Whether the driver is the registered owner or coowner of
108 the vehicle.
109 (b) If the arresting officer finds in the affirmative as to
110 all of the criteria in paragraph (a), the officer shall
111 immediately impound or immobilize the vehicle.
112 (c) Within 7 business days after the date the arresting
113 agency impounds or immobilizes the vehicle, either the arresting
114 agency or the towing service, whichever is in possession of the
115 vehicle, shall send notice by certified mail, return receipt
116 requested, to any coregistered owners of the vehicle other than
117 the person arrested and to each person of record claiming a lien
118 against the vehicle. All costs and fees for the impoundment or
119 immobilization, including the cost of notification, must be paid
120 by the owner of the vehicle or, if the vehicle is leased, by the
121 person leasing the vehicle.
122 (d) Either the arresting agency or the towing service,
123 whichever is in possession of the vehicle, shall determine
124 whether any vehicle impounded or immobilized under this section
125 has been leased or rented or if there are any persons of record
126 with a lien upon the vehicle. Either the arresting agency or the
127 towing service, whichever is in possession of the vehicle, shall
128 notify by express courier service with receipt or certified
129 mail, return receipt requested, within 7 business days after the
130 date of the immobilization or impoundment of the vehicle, the
131 registered owner and all persons having a recorded lien against
132 the vehicle that the vehicle has been impounded or immobilized.
133 A lessor, rental car company, or lienholder may then obtain the
134 vehicle, upon payment of any lawful towing or storage charges.
135 If the vehicle is a rental vehicle subject to a written
136 contract, the charges may be separately charged to the renter,
137 in addition to the rental rate, along with other separate fees,
138 charges, and recoupments disclosed on the rental agreement. If
139 the storage facility fails to provide timely notice to a lessor,
140 rental car company, or lienholder as required by this paragraph,
141 the storage facility shall be responsible for payment of any
142 towing or storage charges necessary to release the vehicle to a
143 lessor, rental car company, or lienholder that accrue after the
144 notice period, which charges may then be assessed against the
145 driver of the vehicle if the vehicle was lawfully impounded or
146 immobilized.
147 (e) Except as provided in paragraph (d), the vehicle shall
148 remain impounded or immobilized for any period imposed by the
149 court until:
150 1. The owner presents proof of insurance to the arresting
151 agency; or
152 2. The owner presents proof of sale of the vehicle to the
153 arresting agency and the buyer presents proof of insurance to
154 the arresting agency.
155
156 If proof is not presented within 35 days after the impoundment
157 or immobilization, a lien shall be placed upon such vehicle
158 pursuant to s. 713.78.
159 (f) The owner of a vehicle that is impounded or immobilized
160 under this subsection may, within 10 days after the date the
161 owner has knowledge of the location of the vehicle, file a
162 complaint in the county in which the owner resides to determine
163 whether the vehicle was wrongfully taken or withheld. Upon the
164 filing of a complaint, the owner or lienholder may have the
165 vehicle released by posting with the court a bond or other
166 adequate security equal to the amount of the costs and fees for
167 impoundment or immobilization, including towing or storage, to
168 ensure the payment of such costs and fees if the owner or
169 lienholder does not prevail. When the vehicle owner or
170 lienholder does not prevail on a complaint that the vehicle was
171 wrongfully taken or withheld, he or she must pay the accrued
172 charges for the immobilization or impoundment, including any
173 towing and storage charges assessed against the vehicle. When
174 the bond is posted and the fee is paid as set forth in s. 28.24,
175 the clerk of the court shall issue a certificate releasing the
176 vehicle. At the time of release, after reasonable inspection,
177 the owner must give a receipt to the towing or storage company
178 indicating any loss or damage to the vehicle or to the contents
179 of the vehicle.
180 Section 7. Subsections (4), (5), (6), and (10) of section
181 713.78, Florida Statutes, are amended to read:
182 713.78 Liens for recovering, towing, or storing vehicles
183 and vessels.—
184 (4)(a) Any person regularly engaged in the business of
185 recovering, towing, or storing vehicles or vessels who comes
186 into possession of a vehicle or vessel pursuant to subsection
187 (2), and who claims a lien for recovery, towing, or storage
188 services, shall give notice to the registered owner, the
189 insurance company insuring the vehicle notwithstanding the
190 provisions of s. 627.736, and to all persons claiming a lien
191 thereon, as disclosed by the records in the Department of
192 Highway Safety and Motor Vehicles or of a corresponding agency
193 in any other state.
194 (b) Whenever any law enforcement agency authorizes the
195 removal of a vehicle or vessel or whenever any towing service,
196 garage, repair shop, or automotive service, storage, or parking
197 place notifies the law enforcement agency of possession of a
198 vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
199 law enforcement agency of the jurisdiction where the vehicle or
200 vessel is stored shall contact the Department of Highway Safety
201 and Motor Vehicles, or the appropriate agency of the state of
202 registration, if known, within 24 hours through the medium of
203 electronic communications, giving the full description of the
204 vehicle or vessel. Upon receipt of the full description of the
205 vehicle or vessel, the department shall search its files to
206 determine the owner’s name, the insurance company insuring the
207 vehicle or vessel, and whether any person has filed a lien upon
208 the vehicle or vessel as provided in s. 319.27(2) and (3) and
209 notify the applicable law enforcement agency within 72 hours.
210 The person in charge of the towing service, garage, repair shop,
211 or automotive service, storage, or parking place shall obtain
212 such information from the applicable law enforcement agency
213 within 5 days after the date of storage and shall give notice
214 pursuant to paragraph (a). The department may release the
215 insurance company information to the requestor notwithstanding
216 the provisions of s. 627.736.
217 (c) Notice by certified mail, return receipt requested,
218 shall be sent within 7 business days after the date of storage
219 of the vehicle or vessel to the registered owner, the insurance
220 company insuring the vehicle notwithstanding the provisions of
221 s. 627.736, and all persons of record claiming a lien against
222 the vehicle or vessel. It shall state the fact of possession of
223 the vehicle or vessel, that a lien as provided in subsection (2)
224 is claimed, that charges have accrued and the amount thereof,
225 that the lien is subject to enforcement pursuant to law, and
226 that the owner or lienholder, if any, has the right to a hearing
227 as set forth in subsection (5), and that any vehicle or vessel
228 which remains unclaimed, or for which the charges for recovery,
229 towing, or storage services remain unpaid, may be sold free of
230 all prior liens after 35 days if the vehicle or vessel is more
231 than 3 years of age or after 50 days if the vehicle or vessel is
232 3 years of age or less.
233 (d) If attempts to locate the name and address of the owner
234 or lienholder prove unsuccessful, the towing-storage operator
235 shall, after 7 working days, excluding Saturday and Sunday, of
236 the initial tow or storage, notify the public agency of
237 jurisdiction where the vehicle or vessel is stored in writing by
238 certified mail or acknowledged hand delivery that the towing
239 storage company has been unable to locate the name and address
240 of the owner or lienholder and a physical search of the vehicle
241 or vessel has disclosed no ownership information and a good
242 faith effort has been made. For purposes of this paragraph and
243 subsection (9), “good faith effort” means that the following
244 checks have been performed by the company to establish prior
245 state of registration and for title:
246 1. Check of vehicle or vessel for any type of tag, tag
247 record, temporary tag, or regular tag.
248 2. Check of law enforcement report for tag number or other
249 information identifying the vehicle or vessel, if the vehicle or
250 vessel was towed at the request of a law enforcement officer.
251 3. Check of trip sheet or tow ticket of tow truck operator
252 to see if a tag was on vehicle or vessel at beginning of tow, if
253 private tow.
254 4. If there is no address of the owner on the impound
255 report, check of law enforcement report to see if an out-of
256 state address is indicated from driver license information.
257 5. Check of vehicle or vessel for inspection sticker or
258 other stickers and decals that may indicate a state of possible
259 registration.
260 6. Check of the interior of the vehicle or vessel for any
261 papers that may be in the glove box, trunk, or other areas for a
262 state of registration.
263 7. Check of vehicle for vehicle identification number.
264 8. Check of vessel for vessel registration number.
265 9. Check of vessel hull for a hull identification number
266 which should be carved, burned, stamped, embossed, or otherwise
267 permanently affixed to the outboard side of the transom or, if
268 there is no transom, to the outmost seaboard side at the end of
269 the hull that bears the rudder or other steering mechanism.
270 (5)(a) The owner of a vehicle or vessel removed pursuant to
271 the provisions of subsection (2), or any person claiming a lien,
272 other than the towing-storage operator, within 10 days after the
273 time she or he has knowledge of the location of the vehicle or
274 vessel, may file a complaint in the county court of the county
275 in which the vehicle or vessel is stored or in which the owner
276 resides to determine if her or his property was wrongfully taken
277 or withheld from her or him.
278 (b) Upon filing of a complaint, an owner or lienholder may
279 have her or his vehicle or vessel released upon posting with the
280 court a cash or surety bond or other adequate security equal to
281 the amount of the charges for towing or storage and lot rental
282 amount to ensure the payment of such charges in the event she or
283 he does not prevail. Upon the posting of the bond and the
284 payment of the applicable fee set forth in s. 28.24, the clerk
285 of the court shall issue a certificate notifying the lienor of
286 the posting of the bond and directing the lienor to release the
287 vehicle or vessel. At the time of such release, after reasonable
288 inspection, she or he shall give a receipt to the towing-storage
289 company reciting any claims she or he has for loss or damage to
290 the vehicle or vessel or the contents thereof.
291 (c) Upon determining the respective rights of the parties,
292 the court may award damages, attorney’s fees, and costs in favor
293 of the prevailing party. In any event, the final order shall
294 provide for immediate payment in full of recovery, towing, and
295 storage fees by the vehicle or vessel owner or lienholder; or
296 the agency ordering the tow; or the owner, lessee, or agent
297 thereof of the property from which the vehicle or vessel was
298 removed.
299 (6) Any vehicle or vessel which is stored pursuant to
300 subsection (2) and which remains unclaimed, or for which
301 reasonable charges for recovery, towing, or storing remain
302 unpaid, and any contents not released pursuant to subsection
303 (10), may be sold by the owner or operator of the storage space
304 for such towing or storage charge after 35 days from the time
305 the vehicle or vessel is stored therein if the vehicle or vessel
306 is more than 3 years of age or after 50 days following the time
307 the vehicle or vessel is stored therein if the vehicle or vessel
308 is 3 years of age or less. The sale shall be at public sale
309 auction for cash. If the date of the sale was not included in
310 the notice required in subsection (4), notice of the sale shall
311 be given to the person in whose name the vehicle or vessel is
312 registered and to all persons claiming a lien on the vehicle or
313 vessel as shown on the records of the Department of Highway
314 Safety and Motor Vehicles or of the corresponding agency in any
315 other state. Notice shall be sent by certified mail, return
316 receipt requested, to the owner of the vehicle or vessel and the
317 person having the recorded lien on the vehicle or vessel at the
318 address shown on the records of the registering agency and shall
319 be mailed not less than 15 days before the date of the sale.
320 After diligent search and inquiry, if the name and address of
321 the registered owner or the owner of the recorded lien cannot be
322 ascertained, the requirements of notice by mail may be dispensed
323 with. In addition to the notice by mail, public notice of the
324 time and place of sale shall be made by publishing a notice
325 thereof one time, at least 10 days prior to the date of the
326 sale, in a newspaper of general circulation in the county in
327 which the sale is to be held. The proceeds of the sale, after
328 payment of reasonable towing and storage charges, and costs of
329 the sale, in that order of priority, shall be deposited with the
330 clerk of the circuit court for the county if the owner or
331 lienholder is absent, and the clerk shall hold such proceeds
332 subject to the claim of the owner or lienholder person legally
333 entitled thereto. The clerk shall be entitled to receive 5
334 percent of such proceeds for the care and disbursement thereof.
335 The certificate of title issued under this law shall be
336 discharged of all liens unless otherwise provided by court
337 order. The owner or lienholder may file a complaint after the
338 vehicle or vessel has been sold in the county court of the
339 county in which it is stored. Upon determining the respective
340 rights of the parties, the court may award damages, attorney’s
341 fees, and costs in favor of the prevailing party.
342 (10) Persons who provide services pursuant to this section
343 shall permit vehicle or vessel owners, lienholders, or their
344 agents, which agency is evidenced by an original writing
345 acknowledged by the owner before a notary public or other person
346 empowered by law to administer oaths, to inspect the towed
347 vehicle or vessel and shall release to the owner, lienholder, or
348 agent the vehicle, vessel, or all personal property not affixed
349 to the vehicle or vessel which was in the vehicle or vessel at
350 the time the vehicle or vessel came into the custody of the
351 person providing such services.
352 Section 8. Effective October 1, 2009, paragraph (c) is
353 added to subsection (2) of section 320.0609, Florida Statutes,
354 to read:
355 320.0609 Transfer and exchange of registration license
356 plates; transfer fee.—
357 (2)
358 (c) If a retail sale by a licensed independent motor
359 vehicle dealer results in the transfer of a registration license
360 plate, a temporary tag shall be issued and displayed during the
361 time that the application for transfer of such registration
362 license plate is being processed unless the department’s records
363 reflect that the transfer has occurred. However, this paragraph
364 shall not apply to independent motor vehicle dealers that are
365 owned by principals that also hold a franchise motor vehicle
366 dealer license in this state. This paragraph is repealed June
367 30, 2010.
368 Section 9. Effective July 1, 2010, subsection (8) is added
369 to section 320.0609, Florida Statutes, to read:
370 320.0609 Transfer and exchange of registration license
371 plates; transfer fee.—
372 (8)(a) When the owner of a vehicle transfers a registration
373 license plate to a replacement or substitute vehicle acquired
374 from a motor vehicle dealer licensed under this chapter, the
375 dealer shall timely provide to the department, via an electronic
376 system administered by the department for this purpose,
377 information regarding the transfer which is required by the
378 department. The dealer shall also give the owner written notice
379 documenting the transfer if the dealer cannot timely provide the
380 required transfer information to the department due to system or
381 connectivity problems. The dealer shall maintain all records
382 required by the department which must be open to inspection by
383 the department or its agents during reasonable business hours.
384 The dealer may charge the vehicle owner a fee to comply with
385 this subsection. The department may charge a fee of $2 to be
386 deposited into the Highway Safety Operating Trust Fund for each
387 transfer in addition to any other fee imposed by law.
388 (b) A dealer is not required to comply with paragraph (a)
389 if the department’s records are otherwise modified on the date
390 of transfer to reflect that the transfer has occurred.
391 (c) The department has authority to adopt rules pursuant to
392 ss. 120.536(1) and 120.54 to administer this subsection.
393 Section 10. Effective October 1, 2009, paragraph (m) is
394 added to subsection (1) of section 320.131, Florida Statutes, to
395 read:
396 320.131 Temporary tags.—
397 (1) The department is authorized and empowered to design,
398 issue, and regulate the use of temporary tags to be designated
399 “temporary tags” for use in the following cases:
400 (m) For a retail sale by a licensed independent motor
401 vehicle dealer when an application for the transfer of a
402 registration license plate is being processed. This paragraph is
403 repealed June 30, 2010.
404
405 Further, the department is authorized to disallow the purchase
406 of temporary tags by licensed dealers, common carriers, or
407 financial institutions in those cases where abuse has occurred.
408 Section 11. Paragraphs (d) and (i) of subsection (6) of
409 section 316.193, Florida Statutes, are amended, and subsections
410 (13) and (14) are added to that section, to read:
411 316.193 Driving under the influence; penalties.—
412 (6) With respect to any person convicted of a violation of
413 subsection (1), regardless of any penalty imposed pursuant to
414 subsection (2), subsection (3), or subsection (4):
415 (d) The court must at the time of sentencing the defendant
416 issue an order for the impoundment or immobilization of a
417 vehicle. The order of impoundment or immobilization must include
418 the name and telephone numbers of all immobilization agencies
419 meeting all of the conditions of subsection (13). Within 7
420 business days after the date that the court issues the order of
421 impoundment or immobilization, the clerk of the court must send
422 notice by certified mail, return receipt requested, to the
423 registered owner of each vehicle, if the registered owner is a
424 person other than the defendant, and to each person of record
425 claiming a lien against the vehicle.
426 (i) All costs and fees for the impoundment or
427 immobilization, including the cost of notification, must be paid
428 by the owner of the vehicle or, if the vehicle is leased or
429 rented, by the person leasing or renting the vehicle, unless the
430 impoundment or immobilization order is dismissed. All provisions
431 of s. 713.78 shall apply. The costs and fees for the impoundment
432 or immobilization must be paid directly to the person impounding
433 or immobilizing the vehicle.
434
435 For the purposes of this section, any conviction for a violation
436 of s. 327.35; a previous conviction for the violation of former
437 s. 316.1931, former s. 860.01, or former s. 316.028; or a
438 previous conviction outside this state for driving under the
439 influence, driving while intoxicated, driving with an unlawful
440 blood-alcohol level, driving with an unlawful breath-alcohol
441 level, or any other similar alcohol-related or drug-related
442 traffic offense, is also considered a previous conviction for
443 violation of this section. However, in satisfaction of the fine
444 imposed pursuant to this section, the court may, upon a finding
445 that the defendant is financially unable to pay either all or
446 part of the fine, order that the defendant participate for a
447 specified additional period of time in public service or a
448 community work project in lieu of payment of that portion of the
449 fine which the court determines the defendant is unable to pay.
450 In determining such additional sentence, the court shall
451 consider the amount of the unpaid portion of the fine and the
452 reasonable value of the services to be ordered; however, the
453 court may not compute the reasonable value of services at a rate
454 less than the federal minimum wage at the time of sentencing.
455 (13) If personnel of the circuit court or the sheriff do
456 not immobilize vehicles, only immobilization agencies that meet
457 the conditions of this subsection shall immobilize vehicles in
458 that judicial circuit.
459 (a) The immobilization agency responsible for immobilizing
460 vehicles in that judicial circuit shall be subject to strict
461 compliance with all of the following conditions and
462 restrictions:
463 1. Any immobilization agency engaged in the business of
464 immobilizing vehicles shall:
465 a. Have a class “R” license issued pursuant to part IV of
466 chapter 493;
467 b. Have at least 3 years of verifiable experience in
468 immobilizing vehicles; and
469 c. Maintain accurate and complete records of all payments
470 for the immobilization, copies of all documents pertaining to
471 the court’s order of impoundment or immobilization, and any
472 other documents relevant to each immobilization. Such records
473 must be maintained by the immobilization agency for at least 3
474 years.
475 2. The person who immobilizes a vehicle must never have
476 been convicted of any felony or of driving or boating under the
477 influence of alcohol or a controlled substance in the last 3
478 years.
479 (b) A person who violates paragraph (a) commits a
480 misdemeanor of the first degree, punishable as provided in s.
481 775.082 or s. 775.083.
482 (c) Any immobilization agency who is aggrieved by a
483 person’s violation of paragraph (a) may bring a civil action
484 against the person who violated paragraph (a) seeking injunctive
485 relief, damages, reasonable attorney’s fees and costs, and any
486 other remedy available at law or in equity as may be necessary
487 to enforce this subsection. In any action to enforce this
488 subsection, establishment of a violation of paragraph (a) shall
489 conclusively establish a clear legal right to injunctive relief,
490 that irreparable harm will be caused if an injunction does not
491 issue, that no adequate remedy at law exists, and that public
492 policy favors issuance of injunctive relief.
493 (14) As used in this chapter, the term:
494 (a) “Immobilization,” “immobilizing,” or “immobilize” means
495 the act of installing a vehicle antitheft device on the steering
496 wheel of a vehicle, the act of placing a tire lock or wheel
497 clamp on a vehicle, or a governmental agency’s act of taking
498 physical possession of the license tag and vehicle registration
499 rendering a vehicle legally inoperable to prevent any person
500 from operating the vehicle pursuant to an order of impoundment
501 or immobilization under subsection (6).
502 (b) “Immobilization agency” or “immobilization agencies”
503 means any firm, company, agency, organization, partnership,
504 corporation, association, trust, or other business entity of any
505 kind whatsoever that meets all of the conditions of subsection
506 (13).
507 (c) “Impoundment,” “impounding,” or “impound” means the act
508 of storing a vehicle at a storage facility pursuant to an order
509 of impoundment or immobilization under subsection (6) where the
510 person impounding the vehicle exercises control, supervision,
511 and responsibility over the vehicle.
512 (d) “Person” means any individual, firm, company, agency,
513 organization, partnership, corporation, association, trust, or
514 other business entity of any kind whatsoever.
515 Section 12. Except as otherwise expressly provided in this
516 act, this act shall take effect July 1, 2009.
517
518 ================= T I T L E A M E N D M E N T ================
519 And the title is amended as follows:
520 Delete line 17
521 and insert:
522 identification number; amending s. 320.02, F.S.,
523 requiring the application form for motor vehicle
524 registration and renewal of registration to include
525 language permitting a voluntary contribution to the
526 Ronald McDonald Houses of Florida; revising provisions
527 for distribution of such contributions; amending s.
528 320.02, F.S.; authorizing the Department of Highway
529 Safety and Motor Vehicles to withhold renewal of
530 registration or replacement registration of specified
531 motor vehicles under certain circumstances; amending
532 s. 320.03, F.S.; preemption jurisdiction over the
533 outsourced electronic filing system to the state;
534 requiring the department to continue its current
535 outsourcing of the existing electronic filing system;
536 approving the system for use in all counties;
537 authorizing motor vehicle dealers to charge certain
538 fees; requiring a report from the Office of Program
539 Policy Analysis and Government Accountability by a
540 specified date; creating s. 320.1316, F.S.; providing
541 responsibilities of the department relating to the
542 issuance of a license plate, revalidation sticker, or
543 replacement license plate for certain vehicles;
544 requiring the department to create a notice to
545 surrender form; providing procedures for the dispute
546 of a notice to surrender; amending s. 559.903, F.S.;
547 defining the terms “lienholder” and “owner” for
548 purposes of the Florida Motor Vehicle Repair Act;
549 amending s. 322.34, F.S.; creating certain rights for
550 lienholders; deleting a return receipt mailing
551 requirement; amending s. 713.78, F.S.; clarifying
552 provisions; deleting a return receipt mailing
553 requirement; creating certain rights for lienholders;
554 deleting a provision that allows a complaint to be
555 filed in the county where the owner resides; creating
556 a cause of action to determine the rights of the
557 parties after a vehicle or vessel has been sold;
558 providing for attorney’s fees and costs; providing a
559 right of inspection to lienholders; amending s.
560 320.0609, F.S., relating to the transfer and exchange
561 of registration license plates and transfer fees;
562 requiring that a temporary tag be issued and displayed
563 during the time that an application for a transfer of
564 a registration license plate is being processed;
565 providing exceptions; amending s. 320.131, F.S.;
566 authorizing the department to issue temporary tags for
567 the time that an application for a transfer of a
568 registration license plate is being processed;
569 amending s. 320.0609, F.S., relating to the transfer
570 and exchange of registration license plates and
571 transfer fees; requiring a licensed motor vehicle
572 dealer to provide certain required information via an
573 electronic system to the department when the owner of
574 a vehicle transfers a registration license plate to a
575 replacement or substitute vehicle acquired from the
576 dealer; providing that the electronic system shall be
577 administered by the department; requiring the dealer
578 to give the owner written notice documenting the
579 transfer if the dealer cannot provide the required
580 transfer information to the department under certain
581 circumstances; requiring the dealer to maintain
582 certain records; providing for the dealer and the
583 department to charge a fee; providing for exceptions;
584 authorizing the department to adopt rules; amending s.
585 316.193, F.S.; requiring the court to include in the
586 order of impoundment or immobilization the names and
587 telephone numbers of immobilization agencies that meet
588 specified requirements; requiring the person whose
589 vehicle is ordered to be impounded or immobilized to
590 pay the impoundment or immobilization fees and costs
591 directly to the person impounding or immobilizing the
592 vehicle; establishing conditions and restrictions for
593 immobilization agencies who are engaged in the
594 business of immobilizing vehicles in judicial circuits
595 where personnel of the court or sheriff do not
596 immobilize vehicles; providing penalties for violating
597 such conditions and restrictions; authorizing
598 aggrieved immobilization agency to initiate a civil
599 action against a person who commits such violation;
600 providing for attorney’s fees and costs; defining the
601 terms “immobilization,” “immobilize,” “immobilizing,”
602 “immobilization agency,” “immobilization agencies,”
603 “impound,” “impounding,” “impoundment,” and “person”;
604 providing an effective dates.