1 | A bill to be entitled |
2 | An act relating to motor vehicle and mobile home title |
3 | transfer; amending s. 319.22, F.S.; revising provisions |
4 | for limitation of liability for the operation of a motor |
5 | vehicle that has been sold or transferred; providing |
6 | requirements for notice of transfer to the Department of |
7 | Highway Safety and Motor Vehicles; requiring an owner or |
8 | coowner who has made a sale or transfer of a motor vehicle |
9 | to notify the department; providing requirements for such |
10 | notification; providing applicability; requiring the |
11 | department to provide certain information to the motor |
12 | vehicle owner or coowner when issuing a certificate of |
13 | title; amending s. 320.02, F.S., requiring the application |
14 | form for motor vehicle registration and renewal of |
15 | registration to include language permitting a voluntary |
16 | contribution to the Ronald McDonald Houses of Florida; |
17 | revising provisions for distribution of such |
18 | contributions; amending s. 320.02, F.S.; authorizing the |
19 | Department of Highway Safety and Motor Vehicles to |
20 | withhold renewal of registration or replacement |
21 | registration of specified motor vehicles under certain |
22 | circumstances; amending s. 320.03, F.S.; preemption |
23 | jurisdiction over the outsourced electronic filing system |
24 | to the state; requiring the department to continue its |
25 | current outsourcing of the existing electronic filing |
26 | system; approving the system for use in all counties; |
27 | authorizing motor vehicle dealers to charge certain fees; |
28 | requiring a report from the Office of Program Policy |
29 | Analysis and Government Accountability by a specified |
30 | date; creating s. 320.1316, F.S.; providing |
31 | responsibilities of the department relating to the |
32 | issuance of a license plate, revalidation sticker, or |
33 | replacement license plate for certain vehicles; requiring |
34 | the department to create a notice to surrender form; |
35 | providing procedures for the dispute of a notice to |
36 | surrender; amending s. 559.903, F.S.; defining the terms |
37 | "lienholder" and "owner" for purposes of the Florida Motor |
38 | Vehicle Repair Act; amending s. 322.34, F.S.; creating |
39 | certain rights for lienholders; deleting a return receipt |
40 | mailing requirement; amending s. 713.78, F.S.; clarifying |
41 | provisions; deleting a return receipt mailing requirement; |
42 | creating certain rights for lienholders; deleting a |
43 | provision that allows a complaint to be filed in the |
44 | county where the owner resides; creating a cause of action |
45 | to determine the rights of the parties after a vehicle or |
46 | vessel has been sold; providing for attorney's fees and |
47 | costs; providing a right of inspection to lienholders; |
48 | amending s. 320.0609, F.S., relating to the transfer and |
49 | exchange of registration license plates and transfer fees; |
50 | requiring that a temporary tag be issued and displayed |
51 | during the time that an application for a transfer of a |
52 | registration license plate is being processed; providing |
53 | exceptions; amending s. 320.131, F.S.; authorizing the |
54 | department to issue temporary tags for the time that an |
55 | application for a transfer of a registration license plate |
56 | is being processed; amending s. 320.0609, F.S., relating |
57 | to the transfer and exchange of registration license |
58 | plates and transfer fees; requiring a licensed motor |
59 | vehicle dealer to provide certain required information via |
60 | an electronic system to the department when the owner of a |
61 | vehicle transfers a registration license plate to a |
62 | replacement or substitute vehicle acquired from the |
63 | dealer; providing that the electronic system shall be |
64 | administered by the department; requiring the dealer to |
65 | give the owner written notice documenting the transfer if |
66 | the dealer cannot provide the required transfer |
67 | information to the department under certain circumstances; |
68 | requiring the dealer to maintain certain records; |
69 | providing for the dealer and the department to charge a |
70 | fee; providing for exceptions; authorizing the department |
71 | to adopt rules; amending s. 316.193, F.S.; requiring the |
72 | court to include in the order of impoundment or |
73 | immobilization the names and telephone numbers of |
74 | immobilization agencies that meet specified requirements; |
75 | requiring the person whose vehicle is ordered to be |
76 | impounded or immobilized to pay the impoundment or |
77 | immobilization fees and costs directly to the person |
78 | impounding or immobilizing the vehicle; establishing |
79 | conditions and restrictions for immobilization agencies |
80 | who are engaged in the business of immobilizing vehicles |
81 | in judicial circuits where personnel of the court or |
82 | sheriff do not immobilize vehicles; providing penalties |
83 | for violating such conditions and restrictions; |
84 | authorizing aggrieved immobilization agency to initiate a |
85 | civil action against a person who commits such violation; |
86 | providing for attorney's fees and costs; defining the |
87 | terms "immobilization," "immobilize," "immobilizing," |
88 | "immobilization agency," "immobilization agencies," |
89 | "impound," "impounding," "impoundment," and "person"; |
90 | providing an effective dates. |
91 |
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92 | Be It Enacted by the Legislature of the State of Florida: |
93 |
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94 | Section 1. Subsection (2) of section 319.22, Florida |
95 | Statutes, is amended to read: |
96 | 319.22 Transfer of title.-- |
97 | (2)(a) An owner or coowner who has made a bona fide sale |
98 | or transfer of a motor vehicle or mobile home and has delivered |
99 | possession thereof to a purchaser shall not, by reason of any of |
100 | the provisions of this chapter, be deemed the owner or coowner |
101 | of such vehicle or mobile home so as to be subject to civil |
102 | liability for the operation of such vehicle or mobile home |
103 | thereafter by another when such owner or coowner has fulfilled |
104 | either of the following requirements: |
105 | 1.(a) When such owner or coowner has made proper |
106 | endorsement and delivery of the certificate of title as provided |
107 | by this chapter. Proper endorsement shall be: |
108 | a.1. When a motor vehicle or mobile home is registered in |
109 | the names of two or more persons as coowners in the alternative |
110 | by the use of the word "or," such vehicle shall be held in joint |
111 | tenancy. Each coowner shall be deemed to have granted to the |
112 | other coowner the absolute right to dispose of the title and |
113 | interest in the vehicle or mobile home, and the signature of any |
114 | coowner shall constitute proper endorsement. Upon the death of a |
115 | coowner, the interest of the decedent shall pass to the survivor |
116 | as though title or interest in the vehicle or mobile home was |
117 | held in joint tenancy. This provision shall apply even if the |
118 | coowners are husband and wife. |
119 | b.2. When a vehicle or mobile home is registered in the |
120 | names of two or more persons as coowners in the conjunctive by |
121 | the use of the word "and," the signature of each coowner or his |
122 | or her personal representative shall be required to transfer |
123 | title to the vehicle or mobile home. |
124 |
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125 | The department shall adopt suitable language to appear upon the |
126 | certificate of title to effectuate the manner in which the |
127 | interest in or title to the motor vehicle or mobile home is |
128 | held. |
129 | 2.(b) When such owner or coowner has delivered to the |
130 | department, or placed in the United States mail, addressed to |
131 | the department, either the certificate of title properly |
132 | endorsed or a notice in the form prescribed by the department. |
133 | In addition to the information required by the department under |
134 | this subparagraph, the notice must also contain the information |
135 | required under paragraph (b) when the title being transferred is |
136 | to a motor vehicle. |
137 | (b) An owner or coowner who has made a bona fide sale or |
138 | transfer of a motor vehicle and has delivered possession thereof |
139 | to a purchaser shall notify the department within 30 days after |
140 | the sale or transfer in the form prescribed by the department. |
141 | Notice by such owner or coowner under this paragraph shall |
142 | satisfy the notice requirement under subparagraph (a)2. for |
143 | limitation of liability under paragraph (a). The notification |
144 | shall include the vehicle identification number and the buyer's |
145 | full first name, middle initial, last name, and personal or |
146 | business identification, which may include, but need not be |
147 | limited to, a driver's license number, Florida identification |
148 | card number, or federal employer identification number, and any |
149 | information required by the department. This paragraph shall not |
150 | apply to any transfer or sale to or by a licensed motor vehicle |
151 | dealer or to an insurer who has taken possession or is taking |
152 | possession of the vehicle or the title thereto pursuant to a |
153 | policy of insurance. |
154 | (c) The department shall inform the motor vehicle owner or |
155 | coowner of the requirements of this subsection with the issuance |
156 | of each certificate of title to a motor vehicle. The information |
157 | may be printed on the certificate of title or on a separate form |
158 | that is included with the certificate. |
159 | Section 2. Subsection (17) is added to section 320.02, |
160 | Florida Statutes, to read: |
161 | 320.02 Registration required; application for |
162 | registration; forms.-- |
163 | (17) If any applicant's name appears on a list of persons |
164 | who may not be issued a license plate, revalidation sticker, or |
165 | replacement license plate after a written notice to surrender a |
166 | vehicle was submitted to the department by a lienor as provided |
167 | in s. 320.1316, the department may withhold renewal of |
168 | registration or replacement registration of any motor vehicle |
169 | owned by the applicant at the time the notice was submitted by |
170 | the lienor. The lienor must maintain proof that written notice |
171 | to surrender the vehicle was sent to each registered owner |
172 | pursuant to s. 320.1316(1). A revalidation sticker or |
173 | replacement license plate may not be issued until that person's |
174 | name no longer appears on the list or until the person presents |
175 | documentation from the lienor that the vehicle has been |
176 | surrendered to the lienor. The department shall not withhold an |
177 | initial registration in connection with an applicant's purchase |
178 | or lease of a motor vehicle solely because the applicant's name |
179 | is on the list created by s. 320.1316. |
180 | Section 3. Subsection (10) is added to section 320.03, |
181 | Florida Statutes, to read: |
182 | 320.03 Registration; duties of tax collectors; |
183 | International Registration Plan.-- |
184 | (10) Jurisdiction over the outsourced electronic filing |
185 | system for use by licensed motor vehicle dealers electronically |
186 | to title and to register motor vehicles and to issue or to |
187 | transfer registration license plates or decals is expressly |
188 | preempted to the state. The department shall continue its |
189 | current outsourcing of the existing electronic filing system, |
190 | including its program standards. The electronic filing system is |
191 | approved for use in all counties, shall apply uniformly to all |
192 | tax collectors of the state, and no tax collector may add or |
193 | detract from the program standards in his or her respective |
194 | county. A motor vehicle dealer licensed under this chapter may |
195 | charge a fee to the customer for use of the electronic filing |
196 | system and such fee is not a component of the program standards. |
197 | Final authority over disputes relating to program standards lies |
198 | with the department. By January 1, 2010, the Office of Program |
199 | Policy Analysis and Government Accountability, with input from |
200 | the department and from affected parties, including tax |
201 | collectors, service providers, and motor vehicle dealers, shall |
202 | report to the President of the Senate and the Speaker of the |
203 | House of Representatives on the status of the outsourced |
204 | electronic filing system, including the program standards, and |
205 | its compliance with this subsection. The report shall identify |
206 | all public and private alternatives for continued operation of |
207 | the electronic filing system and shall include any and all |
208 | appropriate recommendations, including revisions to the program |
209 | standards. |
210 | Section 4. Section 320.1316, Florida Statutes, is created |
211 | to read: |
212 | 320.1316 Failure to surrender vehicle or vessel.-- |
213 | (1) Upon receipt from a lienor who claims a lien on a |
214 | vehicle pursuant to s. 319.27 by the Department of Highway |
215 | Safety and Motor Vehicles of written notice to surrender a |
216 | vehicle or vessel that has been disposed of, concealed, removed, |
217 | or destroyed by the lienee, the department shall place the name |
218 | of the registered owner of that vehicle on the list of those |
219 | persons who may not be issued a license plate, revalidation |
220 | sticker, or replacement license plate for any motor vehicle |
221 | under s. 320.03(8) owned by the lienee at the time the notice |
222 | was given by the lienor. If the vehicle is owned jointly by more |
223 | than one person, the name of each registered owner shall be |
224 | placed on the list. |
225 | (2) The notice to surrender the vehicle shall be submitted |
226 | on 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 |
229 | the address to which the lienor provided notice to surrender the |
230 | vehicle to the registered owner. |
231 | (c) A general description of the vehicle, including its |
232 | color, make, model, body style, and year. |
233 | (d) The vehicle identification number, registration |
234 | license plate number, if known, or other identification number, |
235 | as applicable. |
236 | (3) The registered owner of the vehicle may dispute a |
237 | notice to surrender the vehicle by notifying the department of |
238 | the dispute in writing on forms provided by the department and |
239 | presenting proof that the vehicle was sold to a motor vehicle |
240 | dealer licensed under s. 320.27, a mobile home dealer licensed |
241 | under s. 320.77, or a recreational vehicle dealer licensed under |
242 | s. 320.771. |
243 | Section 5. Subsection (8) of section 322.34, Florida |
244 | Statutes, is amended to read: |
245 | 322.34 Driving while license suspended, revoked, canceled, |
246 | or disqualified.-- |
247 | (8)(a) Upon the arrest of a person for the offense of |
248 | driving while the person's driver's license or driving privilege |
249 | is suspended or revoked, the arresting officer shall determine: |
250 | 1. Whether the person's driver's license is suspended or |
251 | revoked. |
252 | 2. Whether the person's driver's license has remained |
253 | suspended or revoked since a conviction for the offense of |
254 | driving with a suspended or revoked license. |
255 | 3. Whether the suspension or revocation was made under s. |
256 | 316.646 or s. 627.733, relating to failure to maintain required |
257 | security, or under s. 322.264, relating to habitual traffic |
258 | offenders. |
259 | 4. Whether the driver is the registered owner or coowner |
260 | of the vehicle. |
261 | (b) If the arresting officer finds in the affirmative as |
262 | to all of the criteria in paragraph (a), the officer shall |
263 | immediately impound or immobilize the vehicle. |
264 | (c) Within 7 business days after the date the arresting |
265 | agency impounds or immobilizes the vehicle, either the arresting |
266 | agency or the towing service, whichever is in possession of the |
267 | vehicle, shall send notice by certified mail, return receipt |
268 | requested, to any coregistered owners of the vehicle other than |
269 | the person arrested and to each person of record claiming a lien |
270 | against the vehicle. All costs and fees for the impoundment or |
271 | immobilization, including the cost of notification, must be paid |
272 | by the owner of the vehicle or, if the vehicle is leased, by the |
273 | person leasing the vehicle. |
274 | (d) Either the arresting agency or the towing service, |
275 | whichever is in possession of the vehicle, shall determine |
276 | whether any vehicle impounded or immobilized under this section |
277 | has been leased or rented or if there are any persons of record |
278 | with a lien upon the vehicle. Either the arresting agency or the |
279 | towing service, whichever is in possession of the vehicle, shall |
280 | notify by express courier service with receipt or certified |
281 | mail, return receipt requested, within 7 business days after the |
282 | date of the immobilization or impoundment of the vehicle, the |
283 | registered owner and all persons having a recorded lien against |
284 | the vehicle that the vehicle has been impounded or immobilized. |
285 | A lessor, rental car company, or lienholder may then obtain the |
286 | vehicle, upon payment of any lawful towing or storage charges. |
287 | If the vehicle is a rental vehicle subject to a written |
288 | contract, the charges may be separately charged to the renter, |
289 | in addition to the rental rate, along with other separate fees, |
290 | charges, and recoupments disclosed on the rental agreement. If |
291 | the storage facility fails to provide timely notice to a lessor, |
292 | rental car company, or lienholder as required by this paragraph, |
293 | the storage facility shall be responsible for payment of any |
294 | towing or storage charges necessary to release the vehicle to a |
295 | lessor, rental car company, or lienholder that accrue after the |
296 | notice period, which charges may then be assessed against the |
297 | driver of the vehicle if the vehicle was lawfully impounded or |
298 | immobilized. |
299 | (e) Except as provided in paragraph (d), the vehicle shall |
300 | remain impounded or immobilized for any period imposed by the |
301 | court until: |
302 | 1. The owner presents proof of insurance to the arresting |
303 | agency; or |
304 | 2. The owner presents proof of sale of the vehicle to the |
305 | arresting agency and the buyer presents proof of insurance to |
306 | the arresting agency. |
307 |
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308 | If proof is not presented within 35 days after the impoundment |
309 | or immobilization, a lien shall be placed upon such vehicle |
310 | pursuant to s. 713.78. |
311 | (f) The owner of a vehicle that is impounded or |
312 | immobilized under this subsection may, within 10 days after the |
313 | date the owner has knowledge of the location of the vehicle, |
314 | file a complaint in the county in which the owner resides to |
315 | determine whether the vehicle was wrongfully taken or withheld. |
316 | Upon the filing of a complaint, the owner or lienholder may have |
317 | the vehicle released by posting with the court a bond or other |
318 | adequate security equal to the amount of the costs and fees for |
319 | impoundment or immobilization, including towing or storage, to |
320 | ensure the payment of such costs and fees if the owner or |
321 | lienholder does not prevail. When the vehicle owner or |
322 | lienholder does not prevail on a complaint that the vehicle was |
323 | wrongfully taken or withheld, he or she must pay the accrued |
324 | charges for the immobilization or impoundment, including any |
325 | towing and storage charges assessed against the vehicle. When |
326 | the bond is posted and the fee is paid as set forth in s. 28.24, |
327 | the clerk of the court shall issue a certificate releasing the |
328 | vehicle. At the time of release, after reasonable inspection, |
329 | the owner must give a receipt to the towing or storage company |
330 | indicating any loss or damage to the vehicle or to the contents |
331 | of the vehicle. |
332 | Section 6. Subsections (4), (5), (6), and (10) of section |
333 | 713.78, Florida Statutes, are amended to read: |
334 | 713.78 Liens for recovering, towing, or storing vehicles |
335 | and vessels.-- |
336 | (4)(a) Any person regularly engaged in the business of |
337 | recovering, towing, or storing vehicles or vessels who comes |
338 | into possession of a vehicle or vessel pursuant to subsection |
339 | (2), and who claims a lien for recovery, towing, or storage |
340 | services, shall give notice to the registered owner, the |
341 | insurance company insuring the vehicle notwithstanding the |
342 | provisions of s. 627.736, and to all persons claiming a lien |
343 | thereon, as disclosed by the records in the Department of |
344 | Highway Safety and Motor Vehicles or of a corresponding agency |
345 | in any other state. |
346 | (b) Whenever any law enforcement agency authorizes the |
347 | removal of a vehicle or vessel or whenever any towing service, |
348 | garage, repair shop, or automotive service, storage, or parking |
349 | place notifies the law enforcement agency of possession of a |
350 | vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable |
351 | law enforcement agency of the jurisdiction where the vehicle or |
352 | vessel is stored shall contact the Department of Highway Safety |
353 | and Motor Vehicles, or the appropriate agency of the state of |
354 | registration, if known, within 24 hours through the medium of |
355 | electronic communications, giving the full description of the |
356 | vehicle or vessel. Upon receipt of the full description of the |
357 | vehicle or vessel, the department shall search its files to |
358 | determine the owner's name, the insurance company insuring the |
359 | vehicle or vessel, and whether any person has filed a lien upon |
360 | the vehicle or vessel as provided in s. 319.27(2) and (3) and |
361 | notify the applicable law enforcement agency within 72 hours. |
362 | The person in charge of the towing service, garage, repair shop, |
363 | or automotive service, storage, or parking place shall obtain |
364 | such information from the applicable law enforcement agency |
365 | within 5 days after the date of storage and shall give notice |
366 | pursuant to paragraph (a). The department may release the |
367 | insurance company information to the requestor notwithstanding |
368 | the provisions of s. 627.736. |
369 | (c) Notice by certified mail, return receipt requested, |
370 | shall be sent within 7 business days after the date of storage |
371 | of the vehicle or vessel to the registered owner, the insurance |
372 | company insuring the vehicle notwithstanding the provisions of |
373 | s. 627.736, and all persons of record claiming a lien against |
374 | the vehicle or vessel. It shall state the fact of possession of |
375 | the vehicle or vessel, that a lien as provided in subsection (2) |
376 | is claimed, that charges have accrued and the amount thereof, |
377 | that the lien is subject to enforcement pursuant to law, and |
378 | that the owner or lienholder, if any, has the right to a hearing |
379 | as set forth in subsection (5), and that any vehicle or vessel |
380 | which remains unclaimed, or for which the charges for recovery, |
381 | towing, or storage services remain unpaid, may be sold free of |
382 | all prior liens after 35 days if the vehicle or vessel is more |
383 | than 3 years of age or after 50 days if the vehicle or vessel is |
384 | 3 years of age or less. |
385 | (d) If attempts to locate the name and address of the |
386 | owner or lienholder prove unsuccessful, the towing-storage |
387 | operator shall, after 7 working days, excluding Saturday and |
388 | Sunday, of the initial tow or storage, notify the public agency |
389 | of jurisdiction where the vehicle or vessel is stored in writing |
390 | by certified mail or acknowledged hand delivery that the towing- |
391 | storage company has been unable to locate the name and address |
392 | of the owner or lienholder and a physical search of the vehicle |
393 | or vessel has disclosed no ownership information and a good |
394 | faith effort has been made. For purposes of this paragraph and |
395 | subsection (9), "good faith effort" means that the following |
396 | checks have been performed by the company to establish prior |
397 | state of registration and for title: |
398 | 1. Check of vehicle or vessel for any type of tag, tag |
399 | record, temporary tag, or regular tag. |
400 | 2. Check of law enforcement report for tag number or other |
401 | information identifying the vehicle or vessel, if the vehicle or |
402 | vessel was towed at the request of a law enforcement officer. |
403 | 3. Check of trip sheet or tow ticket of tow truck operator |
404 | to see if a tag was on vehicle or vessel at beginning of tow, if |
405 | private tow. |
406 | 4. If there is no address of the owner on the impound |
407 | report, check of law enforcement report to see if an out-of- |
408 | state address is indicated from driver license information. |
409 | 5. Check of vehicle or vessel for inspection sticker or |
410 | other stickers and decals that may indicate a state of possible |
411 | registration. |
412 | 6. Check of the interior of the vehicle or vessel for any |
413 | papers that may be in the glove box, trunk, or other areas for a |
414 | state 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 |
418 | which should be carved, burned, stamped, embossed, or otherwise |
419 | permanently affixed to the outboard side of the transom or, if |
420 | there is no transom, to the outmost seaboard side at the end of |
421 | the hull that bears the rudder or other steering mechanism. |
422 | (5)(a) The owner of a vehicle or vessel removed pursuant |
423 | to the provisions of subsection (2), or any person claiming a |
424 | lien, other than the towing-storage operator, within 10 days |
425 | after the time she or he has knowledge of the location of the |
426 | vehicle or vessel, may file a complaint in the county court of |
427 | the county in which the vehicle or vessel is stored or in which |
428 | the owner resides to determine if her or his property was |
429 | wrongfully taken or withheld from her or him. |
430 | (b) Upon filing of a complaint, an owner or lienholder may |
431 | have her or his vehicle or vessel released upon posting with the |
432 | court a cash or surety bond or other adequate security equal to |
433 | the amount of the charges for towing or storage and lot rental |
434 | amount to ensure the payment of such charges in the event she or |
435 | he does not prevail. Upon the posting of the bond and the |
436 | payment of the applicable fee set forth in s. 28.24, the clerk |
437 | of the court shall issue a certificate notifying the lienor of |
438 | the posting of the bond and directing the lienor to release the |
439 | vehicle or vessel. At the time of such release, after reasonable |
440 | inspection, she or he shall give a receipt to the towing-storage |
441 | company reciting any claims she or he has for loss or damage to |
442 | the vehicle or vessel or the contents thereof. |
443 | (c) Upon determining the respective rights of the parties, |
444 | the court may award damages, attorney's fees, and costs in favor |
445 | of the prevailing party. In any event, the final order shall |
446 | provide for immediate payment in full of recovery, towing, and |
447 | storage fees by the vehicle or vessel owner or lienholder; or |
448 | the agency ordering the tow; or the owner, lessee, or agent |
449 | thereof of the property from which the vehicle or vessel was |
450 | removed. |
451 | (6) Any vehicle or vessel which is stored pursuant to |
452 | subsection (2) and which remains unclaimed, or for which |
453 | reasonable charges for recovery, towing, or storing remain |
454 | unpaid, and any contents not released pursuant to subsection |
455 | (10), may be sold by the owner or operator of the storage space |
456 | for such towing or storage charge after 35 days from the time |
457 | the vehicle or vessel is stored therein if the vehicle or vessel |
458 | is more than 3 years of age or after 50 days following the time |
459 | the vehicle or vessel is stored therein if the vehicle or vessel |
460 | is 3 years of age or less. The sale shall be at public sale |
461 | auction for cash. If the date of the sale was not included in |
462 | the notice required in subsection (4), notice of the sale shall |
463 | be given to the person in whose name the vehicle or vessel is |
464 | registered and to all persons claiming a lien on the vehicle or |
465 | vessel as shown on the records of the Department of Highway |
466 | Safety and Motor Vehicles or of the corresponding agency in any |
467 | other state. Notice shall be sent by certified mail, return |
468 | receipt requested, to the owner of the vehicle or vessel and the |
469 | person having the recorded lien on the vehicle or vessel at the |
470 | address shown on the records of the registering agency and shall |
471 | be mailed not less than 15 days before the date of the sale. |
472 | After diligent search and inquiry, if the name and address of |
473 | the registered owner or the owner of the recorded lien cannot be |
474 | ascertained, the requirements of notice by mail may be dispensed |
475 | with. In addition to the notice by mail, public notice of the |
476 | time and place of sale shall be made by publishing a notice |
477 | thereof one time, at least 10 days prior to the date of the |
478 | sale, in a newspaper of general circulation in the county in |
479 | which the sale is to be held. The proceeds of the sale, after |
480 | payment of reasonable towing and storage charges, and costs of |
481 | the sale, in that order of priority, shall be deposited with the |
482 | clerk of the circuit court for the county if the owner or |
483 | lienholder is absent, and the clerk shall hold such proceeds |
484 | subject to the claim of the owner or lienholder person legally |
485 | entitled thereto. The clerk shall be entitled to receive 5 |
486 | percent of such proceeds for the care and disbursement thereof. |
487 | The certificate of title issued under this law shall be |
488 | discharged of all liens unless otherwise provided by court |
489 | order. The owner or lienholder may file a complaint after the |
490 | vehicle or vessel has been sold in the county court of the |
491 | county in which it is stored. Upon determining the respective |
492 | rights of the parties, the court may award damages, attorney's |
493 | fees, and costs in favor of the prevailing party. |
494 | (10) Persons who provide services pursuant to this section |
495 | shall permit vehicle or vessel owners, lienholders, or their |
496 | agents, which agency is evidenced by an original writing |
497 | acknowledged by the owner before a notary public or other person |
498 | empowered by law to administer oaths, to inspect the towed |
499 | vehicle or vessel and shall release to the owner, lienholder, or |
500 | agent the vehicle, vessel, or all personal property not affixed |
501 | to the vehicle or vessel which was in the vehicle or vessel at |
502 | the time the vehicle or vessel came into the custody of the |
503 | person providing such services. |
504 | Section 7. Effective October 1, 2009, paragraph (c) is |
505 | added to subsection (2) of section 320.0609, Florida Statutes, |
506 | to read: |
507 | 320.0609 Transfer and exchange of registration license |
508 | plates; transfer fee.-- |
509 | (2) |
510 | (c) If a retail sale by a licensed independent motor |
511 | vehicle dealer results in the transfer of a registration license |
512 | plate, a temporary tag shall be issued and displayed during the |
513 | time that the application for transfer of such registration |
514 | license plate is being processed unless the department's records |
515 | reflect that the transfer has occurred. However, this paragraph |
516 | shall not apply to independent motor vehicle dealers that are |
517 | owned by principals that also hold a franchise motor vehicle |
518 | dealer license in this state. This paragraph is repealed June |
519 | 30, 2010. |
520 | Section 8. Effective July 1, 2010, subsection (8) is added |
521 | to section 320.0609, Florida Statutes, to read: |
522 | 320.0609 Transfer and exchange of registration license |
523 | plates; transfer fee.-- |
524 | (8)(a) When the owner of a vehicle transfers a |
525 | registration license plate to a replacement or substitute |
526 | vehicle acquired from a motor vehicle dealer licensed under this |
527 | chapter, the dealer shall timely provide to the department, via |
528 | an electronic system administered by the department for this |
529 | purpose, information regarding the transfer which is required by |
530 | the department. The dealer shall also give the owner written |
531 | notice documenting the transfer if the dealer cannot timely |
532 | provide the required transfer information to the department due |
533 | to system or connectivity problems. The dealer shall maintain |
534 | all records required by the department which must be open to |
535 | inspection by the department or its agents during reasonable |
536 | business hours. The dealer may charge the vehicle owner a fee to |
537 | comply with this subsection. The department may charge a fee of |
538 | $2 to be deposited into the Highway Safety Operating Trust Fund |
539 | for each transfer in addition to any other fee imposed by law. |
540 | (b) A dealer is not required to comply with paragraph (a) |
541 | if the department's records are otherwise modified on the date |
542 | of transfer to reflect that the transfer has occurred. |
543 | (c) The department has authority to adopt rules pursuant |
544 | to ss. 120.536(1) and 120.54 to administer this subsection. |
545 | Section 9. Effective October 1, 2009, paragraph (m) is |
546 | added to subsection (1) of section 320.131, Florida Statutes, to |
547 | read: |
548 | 320.131 Temporary tags.-- |
549 | (1) The department is authorized and empowered to design, |
550 | issue, 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 |
553 | vehicle dealer when an application for the transfer of a |
554 | registration license plate is being processed. This paragraph is |
555 | repealed June 30, 2010. |
556 |
|
557 | Further, the department is authorized to disallow the purchase |
558 | of temporary tags by licensed dealers, common carriers, or |
559 | financial institutions in those cases where abuse has occurred. |
560 | Section 10. Paragraphs (d) and (i) of subsection (6) of |
561 | section 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 |
565 | subsection (1), regardless of any penalty imposed pursuant to |
566 | subsection (2), subsection (3), or subsection (4): |
567 | (d) The court must at the time of sentencing the defendant |
568 | issue an order for the impoundment or immobilization of a |
569 | vehicle. The order of impoundment or immobilization must include |
570 | the name and telephone numbers of all immobilization agencies |
571 | meeting all of the conditions of subsection (13). Within 7 |
572 | business days after the date that the court issues the order of |
573 | impoundment or immobilization, the clerk of the court must send |
574 | notice by certified mail, return receipt requested, to the |
575 | registered owner of each vehicle, if the registered owner is a |
576 | person other than the defendant, and to each person of record |
577 | claiming a lien against the vehicle. |
578 | (i) All costs and fees for the impoundment or |
579 | immobilization, including the cost of notification, must be paid |
580 | by the owner of the vehicle or, if the vehicle is leased or |
581 | rented, by the person leasing or renting the vehicle, unless the |
582 | impoundment or immobilization order is dismissed. All provisions |
583 | of s. 713.78 shall apply. The costs and fees for the impoundment |
584 | or immobilization must be paid directly to the person impounding |
585 | or immobilizing the vehicle. |
586 |
|
587 | For the purposes of this section, any conviction for a violation |
588 | of s. 327.35; a previous conviction for the violation of former |
589 | s. 316.1931, former s. 860.01, or former s. 316.028; or a |
590 | previous conviction outside this state for driving under the |
591 | influence, driving while intoxicated, driving with an unlawful |
592 | blood-alcohol level, driving with an unlawful breath-alcohol |
593 | level, or any other similar alcohol-related or drug-related |
594 | traffic offense, is also considered a previous conviction for |
595 | violation of this section. However, in satisfaction of the fine |
596 | imposed pursuant to this section, the court may, upon a finding |
597 | that the defendant is financially unable to pay either all or |
598 | part of the fine, order that the defendant participate for a |
599 | specified additional period of time in public service or a |
600 | community work project in lieu of payment of that portion of the |
601 | fine which the court determines the defendant is unable to pay. |
602 | In determining such additional sentence, the court shall |
603 | consider the amount of the unpaid portion of the fine and the |
604 | reasonable value of the services to be ordered; however, the |
605 | court may not compute the reasonable value of services at a rate |
606 | less than the federal minimum wage at the time of sentencing. |
607 | (13) If personnel of the circuit court or the sheriff do |
608 | not immobilize vehicles, only immobilization agencies that meet |
609 | the conditions of this subsection shall immobilize vehicles in |
610 | that judicial circuit. |
611 | (a) The immobilization agency responsible for immobilizing |
612 | vehicles in that judicial circuit shall be subject to strict |
613 | compliance with all of the following conditions and |
614 | restrictions: |
615 | 1. Any immobilization agency engaged in the business of |
616 | immobilizing vehicles shall: |
617 | a. Have a class "R" license issued pursuant to part IV of |
618 | chapter 493; |
619 | b. Have at least 3 years of verifiable experience in |
620 | immobilizing vehicles; and |
621 | c. Maintain accurate and complete records of all payments |
622 | for the immobilization, copies of all documents pertaining to |
623 | the court's order of impoundment or immobilization, and any |
624 | other documents relevant to each immobilization. Such records |
625 | must be maintained by the immobilization agency for at least 3 |
626 | years. |
627 | 2. The person who immobilizes a vehicle must never have |
628 | been convicted of any felony or of driving or boating under the |
629 | influence of alcohol or a controlled substance in the last 3 |
630 | years. |
631 | (b) A person who violates paragraph (a) commits a |
632 | misdemeanor of the first degree, punishable as provided in s. |
633 | 775.082 or s. 775.083. |
634 | (c) Any immobilization agency who is aggrieved by a |
635 | person's violation of paragraph (a) may bring a civil action |
636 | against the person who violated paragraph (a) seeking injunctive |
637 | relief, damages, reasonable attorney's fees and costs, and any |
638 | other remedy available at law or in equity as may be necessary |
639 | to enforce this subsection. In any action to enforce this |
640 | subsection, establishment of a violation of paragraph (a) shall |
641 | conclusively establish a clear legal right to injunctive relief, |
642 | that irreparable harm will be caused if an injunction does not |
643 | issue, that no adequate remedy at law exists, and that public |
644 | policy favors issuance of injunctive relief. |
645 | (14) As used in this chapter, the term: |
646 | (a) "Immobilization," "immobilizing," or "immobilize" |
647 | means the act of installing a vehicle antitheft device on the |
648 | steering wheel of a vehicle, the act of placing a tire lock or |
649 | wheel clamp on a vehicle, or a governmental agency's act of |
650 | taking physical possession of the license tag and vehicle |
651 | registration rendering a vehicle legally inoperable to prevent |
652 | any person from operating the vehicle pursuant to an order of |
653 | impoundment or immobilization under subsection (6). |
654 | (b) "Immobilization agency" or "immobilization agencies" |
655 | means any firm, company, agency, organization, partnership, |
656 | corporation, association, trust, or other business entity of any |
657 | kind whatsoever that meets all of the conditions of subsection |
658 | (13). |
659 | (c) "Impoundment," "impounding," or "impound" means the |
660 | act of storing a vehicle at a storage facility pursuant to an |
661 | order of impoundment or immobilization under subsection (6) |
662 | where the person impounding the vehicle exercises control, |
663 | supervision, and responsibility over the vehicle. |
664 | (d) "Person" means any individual, firm, company, agency, |
665 | organization, partnership, corporation, association, trust, or |
666 | other business entity of any kind whatsoever. |
667 | Section 11. Except as otherwise expressly provided in this |
668 | act, this act shall take effect July 1, 2009. |
669 |
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