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  
    4  
    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         320.1316Failure 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.