CS/CS/HB 293

1
A bill to be entitled
2An act relating to motor vehicle and mobile home title
3transfer; amending s. 319.22, F.S.; revising provisions
4for limitation of liability for the operation of a motor
5vehicle that has been sold or transferred; providing
6requirements for notice of transfer to the Department of
7Highway Safety and Motor Vehicles; requiring an owner or
8coowner who has made a sale or transfer of a motor vehicle
9to notify the department; providing requirements for such
10notification; providing applicability; requiring the
11department to provide certain information to the motor
12vehicle owner or coowner when issuing a certificate of
13title; amending s. 320.02, F.S., requiring the application
14form for motor vehicle registration and renewal of
15registration to include language permitting a voluntary
16contribution to the Ronald McDonald Houses of Florida;
17revising provisions for distribution of such
18contributions; amending s. 320.02, F.S.; authorizing the
19Department of Highway Safety and Motor Vehicles to
20withhold renewal of registration or replacement
21registration of specified motor vehicles under certain
22circumstances; amending s. 320.03, F.S.; preemption
23jurisdiction over the outsourced electronic filing system
24to the state; requiring the department to continue its
25current outsourcing of the existing electronic filing
26system; approving the system for use in all counties;
27authorizing motor vehicle dealers to charge certain fees;
28requiring a report from the Office of Program Policy
29Analysis and Government Accountability by a specified
30date; creating s. 320.1316, F.S.; providing
31responsibilities of the department relating to the
32issuance of a license plate, revalidation sticker, or
33replacement license plate for certain vehicles; requiring
34the department to create a notice to surrender form;
35providing procedures for the dispute of a notice to
36surrender; amending s. 559.903, F.S.; defining the terms
37"lienholder" and "owner" for purposes of the Florida Motor
38Vehicle Repair Act; amending s. 322.34, F.S.; creating
39certain rights for lienholders; deleting a return receipt
40mailing requirement; amending s. 713.78, F.S.; clarifying
41provisions; deleting a return receipt mailing requirement;
42creating certain rights for lienholders; deleting a
43provision that allows a complaint to be filed in the
44county where the owner resides; creating a cause of action
45to determine the rights of the parties after a vehicle or
46vessel has been sold; providing for attorney's fees and
47costs; providing a right of inspection to lienholders;
48amending s. 320.0609, F.S., relating to the transfer and
49exchange of registration license plates and transfer fees;
50requiring that a temporary tag be issued and displayed
51during the time that an application for a transfer of a
52registration license plate is being processed; providing
53exceptions; amending s. 320.131, F.S.; authorizing the
54department to issue temporary tags for the time that an
55application for a transfer of a registration license plate
56is being processed; amending s. 320.0609, F.S., relating
57to the transfer and exchange of registration license
58plates and transfer fees; requiring a licensed motor
59vehicle dealer to provide certain required information via
60an electronic system to the department when the owner of a
61vehicle transfers a registration license plate to a
62replacement or substitute vehicle acquired from the
63dealer; providing that the electronic system shall be
64administered by the department; requiring the dealer to
65give the owner written notice documenting the transfer if
66the dealer cannot provide the required transfer
67information to the department under certain circumstances;
68requiring the dealer to maintain certain records;
69providing for the dealer and the department to charge a
70fee; providing for exceptions; authorizing the department
71to adopt rules; amending s. 316.193, F.S.; requiring the
72court to include in the order of impoundment or
73immobilization the names and telephone numbers of
74immobilization agencies that meet specified requirements;
75requiring the person whose vehicle is ordered to be
76impounded or immobilized to pay the impoundment or
77immobilization fees and costs directly to the person
78impounding or immobilizing the vehicle; establishing
79conditions and restrictions for immobilization agencies
80who are engaged in the business of immobilizing vehicles
81in judicial circuits where personnel of the court or
82sheriff do not immobilize vehicles; providing penalties
83for violating such conditions and restrictions;
84authorizing aggrieved immobilization agency to initiate a
85civil action against a person who commits such violation;
86providing for attorney's fees and costs; defining the
87terms "immobilization," "immobilize," "immobilizing,"
88"immobilization agency," "immobilization agencies,"
89"impound," "impounding," "impoundment," and "person";
90providing an effective dates.
91
92Be It Enacted by the Legislature of the State of Florida:
93
94     Section 1.  Subsection (2) of section 319.22, Florida
95Statutes, is amended to read:
96     319.22  Transfer of title.--
97     (2)(a)  An owner or coowner who has made a bona fide sale
98or transfer of a motor vehicle or mobile home and has delivered
99possession thereof to a purchaser shall not, by reason of any of
100the provisions of this chapter, be deemed the owner or coowner
101of such vehicle or mobile home so as to be subject to civil
102liability for the operation of such vehicle or mobile home
103thereafter by another when such owner or coowner has fulfilled
104either of the following requirements:
105     1.(a)  When such owner or coowner has made proper
106endorsement and delivery of the certificate of title as provided
107by this chapter. Proper endorsement shall be:
108     a.1.  When a motor vehicle or mobile home is registered in
109the names of two or more persons as coowners in the alternative
110by the use of the word "or," such vehicle shall be held in joint
111tenancy. Each coowner shall be deemed to have granted to the
112other coowner the absolute right to dispose of the title and
113interest in the vehicle or mobile home, and the signature of any
114coowner shall constitute proper endorsement. Upon the death of a
115coowner, the interest of the decedent shall pass to the survivor
116as though title or interest in the vehicle or mobile home was
117held in joint tenancy. This provision shall apply even if the
118coowners are husband and wife.
119     b.2.  When a vehicle or mobile home is registered in the
120names of two or more persons as coowners in the conjunctive by
121the use of the word "and," the signature of each coowner or his
122or her personal representative shall be required to transfer
123title to the vehicle or mobile home.
124
125The department shall adopt suitable language to appear upon the
126certificate of title to effectuate the manner in which the
127interest in or title to the motor vehicle or mobile home is
128held.
129     2.(b)  When such owner or coowner has delivered to the
130department, or placed in the United States mail, addressed to
131the department, either the certificate of title properly
132endorsed or a notice in the form prescribed by the department.
133In addition to the information required by the department under
134this subparagraph, the notice must also contain the information
135required under paragraph (b) when the title being transferred is
136to a motor vehicle.
137     (b)  An owner or coowner who has made a bona fide sale or
138transfer of a motor vehicle and has delivered possession thereof
139to a purchaser shall notify the department within 30 days after
140the sale or transfer in the form prescribed by the department.
141Notice by such owner or coowner under this paragraph shall
142satisfy the notice requirement under subparagraph (a)2. for
143limitation of liability under paragraph (a). The notification
144shall include the vehicle identification number and the buyer's
145full first name, middle initial, last name, and personal or
146business identification, which may include, but need not be
147limited to, a driver's license number, Florida identification
148card number, or federal employer identification number, and any
149information required by the department. This paragraph shall not
150apply to any transfer or sale to or by a licensed motor vehicle
151dealer or to an insurer who has taken possession or is taking
152possession of the vehicle or the title thereto pursuant to a
153policy of insurance.
154     (c)  The department shall inform the motor vehicle owner or
155coowner of the requirements of this subsection with the issuance
156of each certificate of title to a motor vehicle. The information
157may be printed on the certificate of title or on a separate form
158that is included with the certificate.
159     Section 2.  Subsection (17) is added to section 320.02,
160Florida Statutes, to read:
161     320.02  Registration required; application for
162registration; forms.--
163     (17)  If any applicant's name appears on a list of persons
164who may not be issued a license plate, revalidation sticker, or
165replacement license plate after a written notice to surrender a
166vehicle was submitted to the department by a lienor as provided
167in s. 320.1316, the department may withhold renewal of
168registration or replacement registration of any motor vehicle
169owned by the applicant at the time the notice was submitted by
170the lienor. The lienor must maintain proof that written notice
171to surrender the vehicle was sent to each registered owner
172pursuant to s. 320.1316(1). A revalidation sticker or
173replacement license plate may not be issued until that person's
174name no longer appears on the list or until the person presents
175documentation from the lienor that the vehicle has been
176surrendered to the lienor. The department shall not withhold an
177initial registration in connection with an applicant's purchase
178or lease of a motor vehicle solely because the applicant's name
179is on the list created by s. 320.1316.
180     Section 3.  Subsection (10) is added to section 320.03,
181Florida Statutes, to read:
182     320.03  Registration; duties of tax collectors;
183International Registration Plan.--
184     (10)  Jurisdiction over the outsourced electronic filing
185system for use by licensed motor vehicle dealers electronically
186to title and to register motor vehicles and to issue or to
187transfer registration license plates or decals is expressly
188preempted to the state. The department shall continue its
189current outsourcing of the existing electronic filing system,
190including its program standards. The electronic filing system is
191approved for use in all counties, shall apply uniformly to all
192tax collectors of the state, and no tax collector may add or
193detract from the program standards in his or her respective
194county. A motor vehicle dealer licensed under this chapter may
195charge a fee to the customer for use of the electronic filing
196system and such fee is not a component of the program standards.
197Final authority over disputes relating to program standards lies
198with the department. By January 1, 2010, the Office of Program
199Policy Analysis and Government Accountability, with input from
200the department and from affected parties, including tax
201collectors, service providers, and motor vehicle dealers, shall
202report to the President of the Senate and the Speaker of the
203House of Representatives on the status of the outsourced
204electronic filing system, including the program standards, and
205its compliance with this subsection. The report shall identify
206all public and private alternatives for continued operation of
207the electronic filing system and shall include any and all
208appropriate recommendations, including revisions to the program
209standards.
210     Section 4.  Section 320.1316, Florida Statutes, is created
211to read:
212     320.1316  Failure to surrender vehicle or vessel.--
213     (1)  Upon receipt from a lienor who claims a lien on a
214vehicle pursuant to s. 319.27 by the Department of Highway
215Safety and Motor Vehicles of written notice to surrender a
216vehicle or vessel that has been disposed of, concealed, removed,
217or destroyed by the lienee, the department shall place the name
218of the registered owner of that vehicle on the list of those
219persons who may not be issued a license plate, revalidation
220sticker, or replacement license plate for any motor vehicle
221under s. 320.03(8) owned by the lienee at the time the notice
222was given by the lienor. If the vehicle is owned jointly by more
223than one person, the name of each registered owner shall be
224placed on the list.
225     (2)  The notice to surrender the vehicle shall be submitted
226on forms developed by the department, which must include:
227     (a)  The name, address, and telephone number of the lienor.
228     (b)  The name of the registered owner of the vehicle and
229the address to which the lienor provided notice to surrender the
230vehicle to the registered owner.
231     (c)  A general description of the vehicle, including its
232color, make, model, body style, and year.
233     (d)  The vehicle identification number, registration
234license plate number, if known, or other identification number,
235as applicable.
236     (3)  The registered owner of the vehicle may dispute a
237notice to surrender the vehicle by notifying the department of
238the dispute in writing on forms provided by the department and
239presenting proof that the vehicle was sold to a motor vehicle
240dealer licensed under s. 320.27, a mobile home dealer licensed
241under s. 320.77, or a recreational vehicle dealer licensed under
242s. 320.771.
243     Section 5.  Subsection (8) of section 322.34, Florida
244Statutes, is amended to read:
245     322.34  Driving while license suspended, revoked, canceled,
246or disqualified.--
247     (8)(a)  Upon the arrest of a person for the offense of
248driving while the person's driver's license or driving privilege
249is suspended or revoked, the arresting officer shall determine:
250     1.  Whether the person's driver's license is suspended or
251revoked.
252     2.  Whether the person's driver's license has remained
253suspended or revoked since a conviction for the offense of
254driving with a suspended or revoked license.
255     3.  Whether the suspension or revocation was made under s.
256316.646 or s. 627.733, relating to failure to maintain required
257security, or under s. 322.264, relating to habitual traffic
258offenders.
259     4.  Whether the driver is the registered owner or coowner
260of the vehicle.
261     (b)  If the arresting officer finds in the affirmative as
262to all of the criteria in paragraph (a), the officer shall
263immediately impound or immobilize the vehicle.
264     (c)  Within 7 business days after the date the arresting
265agency impounds or immobilizes the vehicle, either the arresting
266agency or the towing service, whichever is in possession of the
267vehicle, shall send notice by certified mail, return receipt
268requested, to any coregistered owners of the vehicle other than
269the person arrested and to each person of record claiming a lien
270against the vehicle. All costs and fees for the impoundment or
271immobilization, including the cost of notification, must be paid
272by the owner of the vehicle or, if the vehicle is leased, by the
273person leasing the vehicle.
274     (d)  Either the arresting agency or the towing service,
275whichever is in possession of the vehicle, shall determine
276whether any vehicle impounded or immobilized under this section
277has been leased or rented or if there are any persons of record
278with a lien upon the vehicle. Either the arresting agency or the
279towing service, whichever is in possession of the vehicle, shall
280notify by express courier service with receipt or certified
281mail, return receipt requested, within 7 business days after the
282date of the immobilization or impoundment of the vehicle, the
283registered owner and all persons having a recorded lien against
284the vehicle that the vehicle has been impounded or immobilized.
285A lessor, rental car company, or lienholder may then obtain the
286vehicle, upon payment of any lawful towing or storage charges.
287If the vehicle is a rental vehicle subject to a written
288contract, the charges may be separately charged to the renter,
289in addition to the rental rate, along with other separate fees,
290charges, and recoupments disclosed on the rental agreement. If
291the storage facility fails to provide timely notice to a lessor,
292rental car company, or lienholder as required by this paragraph,
293the storage facility shall be responsible for payment of any
294towing or storage charges necessary to release the vehicle to a
295lessor, rental car company, or lienholder that accrue after the
296notice period, which charges may then be assessed against the
297driver of the vehicle if the vehicle was lawfully impounded or
298immobilized.
299     (e)  Except as provided in paragraph (d), the vehicle shall
300remain impounded or immobilized for any period imposed by the
301court until:
302     1.  The owner presents proof of insurance to the arresting
303agency; or
304     2.  The owner presents proof of sale of the vehicle to the
305arresting agency and the buyer presents proof of insurance to
306the arresting agency.
307
308If proof is not presented within 35 days after the impoundment
309or immobilization, a lien shall be placed upon such vehicle
310pursuant to s. 713.78.
311     (f)  The owner of a vehicle that is impounded or
312immobilized under this subsection may, within 10 days after the
313date the owner has knowledge of the location of the vehicle,
314file a complaint in the county in which the owner resides to
315determine whether the vehicle was wrongfully taken or withheld.
316Upon the filing of a complaint, the owner or lienholder may have
317the vehicle released by posting with the court a bond or other
318adequate security equal to the amount of the costs and fees for
319impoundment or immobilization, including towing or storage, to
320ensure the payment of such costs and fees if the owner or
321lienholder does not prevail. When the vehicle owner or
322lienholder does not prevail on a complaint that the vehicle was
323wrongfully taken or withheld, he or she must pay the accrued
324charges for the immobilization or impoundment, including any
325towing and storage charges assessed against the vehicle. When
326the bond is posted and the fee is paid as set forth in s. 28.24,
327the clerk of the court shall issue a certificate releasing the
328vehicle. At the time of release, after reasonable inspection,
329the owner must give a receipt to the towing or storage company
330indicating any loss or damage to the vehicle or to the contents
331of the vehicle.
332     Section 6.  Subsections (4), (5), (6), and (10) of section
333713.78, Florida Statutes, are amended to read:
334     713.78  Liens for recovering, towing, or storing vehicles
335and vessels.--
336     (4)(a)  Any person regularly engaged in the business of
337recovering, towing, or storing vehicles or vessels who comes
338into possession of a vehicle or vessel pursuant to subsection
339(2), and who claims a lien for recovery, towing, or storage
340services, shall give notice to the registered owner, the
341insurance company insuring the vehicle notwithstanding the
342provisions of s. 627.736, and to all persons claiming a lien
343thereon, as disclosed by the records in the Department of
344Highway Safety and Motor Vehicles or of a corresponding agency
345in any other state.
346     (b)  Whenever any law enforcement agency authorizes the
347removal of a vehicle or vessel or whenever any towing service,
348garage, repair shop, or automotive service, storage, or parking
349place notifies the law enforcement agency of possession of a
350vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
351law enforcement agency of the jurisdiction where the vehicle or
352vessel is stored shall contact the Department of Highway Safety
353and Motor Vehicles, or the appropriate agency of the state of
354registration, if known, within 24 hours through the medium of
355electronic communications, giving the full description of the
356vehicle or vessel. Upon receipt of the full description of the
357vehicle or vessel, the department shall search its files to
358determine the owner's name, the insurance company insuring the
359vehicle or vessel, and whether any person has filed a lien upon
360the vehicle or vessel as provided in s. 319.27(2) and (3) and
361notify the applicable law enforcement agency within 72 hours.
362The person in charge of the towing service, garage, repair shop,
363or automotive service, storage, or parking place shall obtain
364such information from the applicable law enforcement agency
365within 5 days after the date of storage and shall give notice
366pursuant to paragraph (a). The department may release the
367insurance company information to the requestor notwithstanding
368the provisions of s. 627.736.
369     (c)  Notice by certified mail, return receipt requested,
370shall be sent within 7 business days after the date of storage
371of the vehicle or vessel to the registered owner, the insurance
372company insuring the vehicle notwithstanding the provisions of
373s. 627.736, and all persons of record claiming a lien against
374the vehicle or vessel. It shall state the fact of possession of
375the vehicle or vessel, that a lien as provided in subsection (2)
376is claimed, that charges have accrued and the amount thereof,
377that the lien is subject to enforcement pursuant to law, and
378that the owner or lienholder, if any, has the right to a hearing
379as set forth in subsection (5), and that any vehicle or vessel
380which remains unclaimed, or for which the charges for recovery,
381towing, or storage services remain unpaid, may be sold free of
382all prior liens after 35 days if the vehicle or vessel is more
383than 3 years of age or after 50 days if the vehicle or vessel is
3843 years of age or less.
385     (d)  If attempts to locate the name and address of the
386owner or lienholder prove unsuccessful, the towing-storage
387operator shall, after 7 working days, excluding Saturday and
388Sunday, of the initial tow or storage, notify the public agency
389of jurisdiction where the vehicle or vessel is stored in writing
390by certified mail or acknowledged hand delivery that the towing-
391storage company has been unable to locate the name and address
392of the owner or lienholder and a physical search of the vehicle
393or vessel has disclosed no ownership information and a good
394faith effort has been made. For purposes of this paragraph and
395subsection (9), "good faith effort" means that the following
396checks have been performed by the company to establish prior
397state of registration and for title:
398     1.  Check of vehicle or vessel for any type of tag, tag
399record, temporary tag, or regular tag.
400     2.  Check of law enforcement report for tag number or other
401information identifying the vehicle or vessel, if the vehicle or
402vessel was towed at the request of a law enforcement officer.
403     3.  Check of trip sheet or tow ticket of tow truck operator
404to see if a tag was on vehicle or vessel at beginning of tow, if
405private tow.
406     4.  If there is no address of the owner on the impound
407report, check of law enforcement report to see if an out-of-
408state address is indicated from driver license information.
409     5.  Check of vehicle or vessel for inspection sticker or
410other stickers and decals that may indicate a state of possible
411registration.
412     6.  Check of the interior of the vehicle or vessel for any
413papers that may be in the glove box, trunk, or other areas for a
414state of registration.
415     7.  Check of vehicle for vehicle identification number.
416     8.  Check of vessel for vessel registration number.
417     9.  Check of vessel hull for a hull identification number
418which should be carved, burned, stamped, embossed, or otherwise
419permanently affixed to the outboard side of the transom or, if
420there is no transom, to the outmost seaboard side at the end of
421the hull that bears the rudder or other steering mechanism.
422     (5)(a)  The owner of a vehicle or vessel removed pursuant
423to the provisions of subsection (2), or any person claiming a
424lien, other than the towing-storage operator, within 10 days
425after the time she or he has knowledge of the location of the
426vehicle or vessel, may file a complaint in the county court of
427the county in which the vehicle or vessel is stored or in which
428the owner resides to determine if her or his property was
429wrongfully taken or withheld from her or him.
430     (b)  Upon filing of a complaint, an owner or lienholder may
431have her or his vehicle or vessel released upon posting with the
432court a cash or surety bond or other adequate security equal to
433the amount of the charges for towing or storage and lot rental
434amount to ensure the payment of such charges in the event she or
435he does not prevail. Upon the posting of the bond and the
436payment of the applicable fee set forth in s. 28.24, the clerk
437of the court shall issue a certificate notifying the lienor of
438the posting of the bond and directing the lienor to release the
439vehicle or vessel. At the time of such release, after reasonable
440inspection, she or he shall give a receipt to the towing-storage
441company reciting any claims she or he has for loss or damage to
442the vehicle or vessel or the contents thereof.
443     (c)  Upon determining the respective rights of the parties,
444the court may award damages, attorney's fees, and costs in favor
445of the prevailing party. In any event, the final order shall
446provide for immediate payment in full of recovery, towing, and
447storage fees by the vehicle or vessel owner or lienholder; or
448the agency ordering the tow; or the owner, lessee, or agent
449thereof of the property from which the vehicle or vessel was
450removed.
451     (6)  Any vehicle or vessel which is stored pursuant to
452subsection (2) and which remains unclaimed, or for which
453reasonable charges for recovery, towing, or storing remain
454unpaid, and any contents not released pursuant to subsection
455(10), may be sold by the owner or operator of the storage space
456for such towing or storage charge after 35 days from the time
457the vehicle or vessel is stored therein if the vehicle or vessel
458is more than 3 years of age or after 50 days following the time
459the vehicle or vessel is stored therein if the vehicle or vessel
460is 3 years of age or less. The sale shall be at public sale
461auction for cash. If the date of the sale was not included in
462the notice required in subsection (4), notice of the sale shall
463be given to the person in whose name the vehicle or vessel is
464registered and to all persons claiming a lien on the vehicle or
465vessel as shown on the records of the Department of Highway
466Safety and Motor Vehicles or of the corresponding agency in any
467other state. Notice shall be sent by certified mail, return
468receipt requested, to the owner of the vehicle or vessel and the
469person having the recorded lien on the vehicle or vessel at the
470address shown on the records of the registering agency and shall
471be mailed not less than 15 days before the date of the sale.
472After diligent search and inquiry, if the name and address of
473the registered owner or the owner of the recorded lien cannot be
474ascertained, the requirements of notice by mail may be dispensed
475with. In addition to the notice by mail, public notice of the
476time and place of sale shall be made by publishing a notice
477thereof one time, at least 10 days prior to the date of the
478sale, in a newspaper of general circulation in the county in
479which the sale is to be held. The proceeds of the sale, after
480payment of reasonable towing and storage charges, and costs of
481the sale, in that order of priority, shall be deposited with the
482clerk of the circuit court for the county if the owner or
483lienholder is absent, and the clerk shall hold such proceeds
484subject to the claim of the owner or lienholder person legally
485entitled thereto. The clerk shall be entitled to receive 5
486percent of such proceeds for the care and disbursement thereof.
487The certificate of title issued under this law shall be
488discharged of all liens unless otherwise provided by court
489order. The owner or lienholder may file a complaint after the
490vehicle or vessel has been sold in the county court of the
491county in which it is stored. Upon determining the respective
492rights of the parties, the court may award damages, attorney's
493fees, and costs in favor of the prevailing party.
494     (10)  Persons who provide services pursuant to this section
495shall permit vehicle or vessel owners, lienholders, or their
496agents, which agency is evidenced by an original writing
497acknowledged by the owner before a notary public or other person
498empowered by law to administer oaths, to inspect the towed
499vehicle or vessel and shall release to the owner, lienholder, or
500agent the vehicle, vessel, or all personal property not affixed
501to the vehicle or vessel which was in the vehicle or vessel at
502the time the vehicle or vessel came into the custody of the
503person providing such services.
504     Section 7.  Effective October 1, 2009, paragraph (c) is
505added to subsection (2) of section 320.0609, Florida Statutes,
506to read:
507     320.0609  Transfer and exchange of registration license
508plates; transfer fee.--
509     (2)
510     (c)  If a retail sale by a licensed independent motor
511vehicle dealer results in the transfer of a registration license
512plate, a temporary tag shall be issued and displayed during the
513time that the application for transfer of such registration
514license plate is being processed unless the department's records
515reflect that the transfer has occurred. However, this paragraph
516shall not apply to independent motor vehicle dealers that are
517owned by principals that also hold a franchise motor vehicle
518dealer license in this state. This paragraph is repealed June
51930, 2010.
520     Section 8.  Effective July 1, 2010, subsection (8) is added
521to section 320.0609, Florida Statutes, to read:
522     320.0609  Transfer and exchange of registration license
523plates; transfer fee.--
524     (8)(a)  When the owner of a vehicle transfers a
525registration license plate to a replacement or substitute
526vehicle acquired from a motor vehicle dealer licensed under this
527chapter, the dealer shall timely provide to the department, via
528an electronic system administered by the department for this
529purpose, information regarding the transfer which is required by
530the department. The dealer shall also give the owner written
531notice documenting the transfer if the dealer cannot timely
532provide the required transfer information to the department due
533to system or connectivity problems. The dealer shall maintain
534all records required by the department which must be open to
535inspection by the department or its agents during reasonable
536business hours. The dealer may charge the vehicle owner a fee to
537comply with this subsection. The department may charge a fee of
538$2 to be deposited into the Highway Safety Operating Trust Fund
539for each transfer in addition to any other fee imposed by law.
540     (b)  A dealer is not required to comply with paragraph (a)
541if the department's records are otherwise modified on the date
542of transfer to reflect that the transfer has occurred.
543     (c)  The department has authority to adopt rules pursuant
544to ss. 120.536(1) and 120.54 to administer this subsection.
545     Section 9.  Effective October 1, 2009, paragraph (m) is
546added to subsection (1) of section 320.131, Florida Statutes, to
547read:
548     320.131  Temporary tags.--
549     (1)  The department is authorized and empowered to design,
550issue, and regulate the use of temporary tags to be designated
551"temporary tags" for use in the following cases:
552     (m)  For a retail sale by a licensed independent motor
553vehicle dealer when an application for the transfer of a
554registration license plate is being processed. This paragraph is
555repealed June 30, 2010.
556
557Further, the department is authorized to disallow the purchase
558of temporary tags by licensed dealers, common carriers, or
559financial institutions in those cases where abuse has occurred.
560     Section 10.  Paragraphs (d) and (i) of subsection (6) of
561section 316.193, Florida Statutes, are amended, and subsections
562(13) and (14) are added to that section, to read:
563     316.193  Driving under the influence; penalties.--
564     (6)  With respect to any person convicted of a violation of
565subsection (1), regardless of any penalty imposed pursuant to
566subsection (2), subsection (3), or subsection (4):
567     (d)  The court must at the time of sentencing the defendant
568issue an order for the impoundment or immobilization of a
569vehicle. The order of impoundment or immobilization must include
570the name and telephone numbers of all immobilization agencies
571meeting all of the conditions of subsection (13). Within 7
572business days after the date that the court issues the order of
573impoundment or immobilization, the clerk of the court must send
574notice by certified mail, return receipt requested, to the
575registered owner of each vehicle, if the registered owner is a
576person other than the defendant, and to each person of record
577claiming a lien against the vehicle.
578     (i)  All costs and fees for the impoundment or
579immobilization, including the cost of notification, must be paid
580by the owner of the vehicle or, if the vehicle is leased or
581rented, by the person leasing or renting the vehicle, unless the
582impoundment or immobilization order is dismissed. All provisions
583of s. 713.78 shall apply. The costs and fees for the impoundment
584or immobilization must be paid directly to the person impounding
585or immobilizing the vehicle.
586
587For the purposes of this section, any conviction for a violation
588of s. 327.35; a previous conviction for the violation of former
589s. 316.1931, former s. 860.01, or former s. 316.028; or a
590previous conviction outside this state for driving under the
591influence, driving while intoxicated, driving with an unlawful
592blood-alcohol level, driving with an unlawful breath-alcohol
593level, or any other similar alcohol-related or drug-related
594traffic offense, is also considered a previous conviction for
595violation of this section. However, in satisfaction of the fine
596imposed pursuant to this section, the court may, upon a finding
597that the defendant is financially unable to pay either all or
598part of the fine, order that the defendant participate for a
599specified additional period of time in public service or a
600community work project in lieu of payment of that portion of the
601fine which the court determines the defendant is unable to pay.
602In determining such additional sentence, the court shall
603consider the amount of the unpaid portion of the fine and the
604reasonable value of the services to be ordered; however, the
605court may not compute the reasonable value of services at a rate
606less than the federal minimum wage at the time of sentencing.
607     (13)  If personnel of the circuit court or the sheriff do
608not immobilize vehicles, only immobilization agencies that meet
609the conditions of this subsection shall immobilize vehicles in
610that judicial circuit.
611     (a)  The immobilization agency responsible for immobilizing
612vehicles in that judicial circuit shall be subject to strict
613compliance with all of the following conditions and
614restrictions:
615     1.  Any immobilization agency engaged in the business of
616immobilizing vehicles shall:
617     a.  Have a class "R" license issued pursuant to part IV of
618chapter 493;
619     b.  Have at least 3 years of verifiable experience in
620immobilizing vehicles; and
621     c.  Maintain accurate and complete records of all payments
622for the immobilization, copies of all documents pertaining to
623the court's order of impoundment or immobilization, and any
624other documents relevant to each immobilization. Such records
625must be maintained by the immobilization agency for at least 3
626years.
627     2.  The person who immobilizes a vehicle must never have
628been convicted of any felony or of driving or boating under the
629influence of alcohol or a controlled substance in the last 3
630years.
631     (b)  A person who violates paragraph (a) commits a
632misdemeanor of the first degree, punishable as provided in s.
633775.082 or s. 775.083.
634     (c)  Any immobilization agency who is aggrieved by a
635person's violation of paragraph (a) may bring a civil action
636against the person who violated paragraph (a) seeking injunctive
637relief, damages, reasonable attorney's fees and costs, and any
638other remedy available at law or in equity as may be necessary
639to enforce this subsection. In any action to enforce this
640subsection, establishment of a violation of paragraph (a) shall
641conclusively establish a clear legal right to injunctive relief,
642that irreparable harm will be caused if an injunction does not
643issue, that no adequate remedy at law exists, and that public
644policy favors issuance of injunctive relief.
645     (14)  As used in this chapter, the term:
646     (a)  "Immobilization," "immobilizing," or "immobilize"  
647means the act of installing a vehicle antitheft device on the
648steering wheel of a vehicle, the act of placing a tire lock or
649wheel clamp on a vehicle, or a governmental agency's act of
650taking physical possession of the license tag and vehicle
651registration rendering a vehicle legally inoperable to prevent
652any person from operating the vehicle pursuant to an order of
653impoundment or immobilization under subsection (6).
654     (b)  "Immobilization agency" or "immobilization agencies"
655means any firm, company, agency, organization, partnership,
656corporation, association, trust, or other business entity of any
657kind whatsoever that meets all of the conditions of subsection
658(13).
659     (c)  "Impoundment," "impounding," or "impound" means the
660act of storing a vehicle at a storage facility pursuant to an
661order of impoundment or immobilization under subsection (6)
662where the person impounding the vehicle exercises control,
663supervision, and responsibility over the vehicle.
664     (d)  "Person" means any individual, firm, company, agency,
665organization, partnership, corporation, association, trust, or
666other business entity of any kind whatsoever.
667     Section 11.  Except as otherwise expressly provided in this
668act, this act shall take effect July 1, 2009.
669


CODING: Words stricken are deletions; words underlined are additions.