Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
       
       
       
       
       
       
                                Barcode 975300                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1x/RE/2R         .                                
             05/02/2013 07:42 AM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    3  
    4         Delete lines 3621 - 3920
    5  and insert:
    6  Motor Vehicle Title Information System or an equivalent
    7  commercially available system as being the current state where
    8  the vehicle is titled appears registered. Such notice must
    9  contain:
   10         (a) A description of the vehicle (year, make, vehicle
   11  identification number) and its location.
   12         (b) The name and address of the owner of the vehicle, the
   13  customer as indicated on the order for repair, and any person
   14  claiming an interest in or lien thereon.
   15         (c) The name, address, and telephone number of the lienor.
   16         (d) Notice that the lienor claims a lien on the vehicle for
   17  labor and services performed and storage charges, if any, and
   18  the cash sum which, if paid to the lienor, would be sufficient
   19  to redeem the vehicle from the lien claimed by the lienor.
   20         (e) Notice that the lien claimed by the lienor is subject
   21  to enforcement pursuant to this section and that the vehicle may
   22  be sold to satisfy the lien.
   23         (f) If known, the date, time, and location of any proposed
   24  or scheduled sale of the vehicle. No vehicle may be sold earlier
   25  than 60 days after completion of the repair work.
   26         (g) Notice that the owner of the vehicle or any person
   27  claiming an interest in or lien thereon has a right to a hearing
   28  at any time prior to the scheduled date of sale by filing a
   29  demand for hearing with the clerk of the circuit court in the
   30  county in which the vehicle is held and mailing copies of the
   31  demand for hearing to all other owners and lienors as reflected
   32  on the notice.
   33         (h) Notice that the owner of the vehicle has a right to
   34  recover possession of the vehicle without instituting judicial
   35  proceedings by posting bond in accordance with the provisions of
   36  s. 559.917.
   37         (i) Notice that any proceeds from the sale of the vehicle
   38  remaining after payment of the amount claimed to be due and
   39  owing to the lienor will be deposited with the clerk of the
   40  circuit court for disposition upon court order pursuant to
   41  subsection (8).
   42         (2) If attempts to locate the owner or lienholder are
   43  unsuccessful after a check of the records of the Department of
   44  Highway Safety and Motor Vehicles and any state disclosed by the
   45  check of the National Motor Vehicle Title Information System or
   46  an equivalent commercially available system, the lienor must
   47  notify the local law enforcement agency in writing by certified
   48  mail or acknowledged hand delivery that the lienor has been
   49  unable to locate the owner or lienholder, that a physical search
   50  of the vehicle has disclosed no ownership information, and that
   51  a good faith effort, including records checks of the Department
   52  of Highway Safety and Motor Vehicles database and the National
   53  Motor Vehicle Title Information System or an equivalent
   54  commercially available system, has been made. A description of
   55  the motor vehicle which includes the year, make, and
   56  identification number must be given on the notice. This
   57  notification must take place within 15 business days, excluding
   58  Saturday and Sunday, from the beginning date of the assessment
   59  of storage charges on said motor vehicle. For purposes of this
   60  paragraph, the term “good faith effort” means that the following
   61  checks have been performed by the company to establish the prior
   62  state of registration and title:
   63         (a) A check of the Department of Highway Safety and Motor
   64  Vehicles database for the owner and any lienholder.
   65         (b) A check of the federally mandated electronic National
   66  Motor Vehicle Title Information System or an equivalent
   67  commercially available system to determine the state of
   68  registration when there is not a current title or registration
   69  record for the vehicle on file with the Department of Highway
   70  Safety and Motor Vehicles.
   71         (c)(a) A check of vehicle for any type of tag, tag record,
   72  temporary tag, or regular tag;
   73         (d)(b) A check of vehicle for inspection sticker or other
   74  stickers and decals that could indicate the state of possible
   75  registration; and
   76         (e)(c) A check of the interior of the vehicle for any
   77  papers that could be in the glove box, trunk, or other areas for
   78  the state of registration.
   79         (3) If the date of the sale was not included in the notice
   80  required in subsection (1), notice of the sale must be sent by
   81  certified mail, return receipt requested, not less than 15 days
   82  before the date of sale, to the customer as indicated on the
   83  order for repair, and to all other persons claiming an interest
   84  in or lien on the motor vehicle, as disclosed by the records of
   85  the Department of Highway Safety and Motor Vehicles or of a
   86  corresponding agency of any other state in which the vehicle
   87  appears to have been registered after completion of a check of
   88  the National Motor Vehicle Title Information System or an
   89  equivalent commercially available system. After diligent search
   90  and inquiry, if the name and address of the registered owner or
   91  the owner of the recorded lien cannot be ascertained, the
   92  requirements for this notice may be disregarded.
   93         (4) The lienor, at least 15 days before the proposed or
   94  scheduled date of sale of the vehicle, shall publish the notice
   95  required by this section once in a newspaper circulated in the
   96  county where the vehicle is held. A certificate of compliance
   97  with the notification provisions of this section, verified by
   98  the lienor, together with a copy of the notice and return
   99  receipt for mailing of the notice required by this section, and
  100  proof of publication, and checks of the Department of Highway
  101  Safety and Motor Vehicles and the National Motor Vehicle Title
  102  Information System or an equivalent commercially available
  103  system, must be duly and expeditiously filed with the clerk of
  104  the circuit court in the county where the vehicle is held. The
  105  lienor, at the time of filing the certificate of compliance,
  106  must pay to the clerk of that court a service charge of $10 for
  107  indexing and recording the certificate.
  108         (9) A copy of the certificate of compliance and the report
  109  of sale, certified by the clerk of the court, and proof of the
  110  required check of the National Motor Vehicle Title Information
  111  System or an equivalent commercially available system shall
  112  constitute satisfactory proof for application to the Department
  113  of Highway Safety and Motor Vehicles for transfer of title,
  114  together with any other proof required by any rules and
  115  regulations of the department.
  116         (13) A failure to make good faith efforts as defined in
  117  subsection (2) precludes the imposition of any storage charges
  118  against the vehicle. If a lienor fails to provide notice to any
  119  person claiming a lien on a vehicle under subsection (1) within
  120  15 business days after the assessment of storage charges have
  121  begun, then the lienor is precluded from charging for more than
  122  15 days of storage, but failure to provide timely notice does
  123  not affect charges made for repairs, adjustments, or
  124  modifications to the vehicle or the priority of liens on the
  125  vehicle.
  126         Section 62. Section 713.78, Florida Statutes, is amended to
  127  read:
  128         713.78 Liens for recovering, towing, or storing vehicles
  129  and vessels.—
  130         (1) For the purposes of this section, the term:
  131         (a) “Vehicle” means any mobile item, whether motorized or
  132  not, which is mounted on wheels.
  133         (b) “Vessel” means every description of watercraft, barge,
  134  and airboat used or capable of being used as a means of
  135  transportation on water, other than a seaplane or a “documented
  136  vessel” as defined in s. 327.02(9).
  137         (c) “Wrecker” means any truck or other vehicle which is
  138  used to tow, carry, or otherwise transport motor vehicles or
  139  vessels upon the streets and highways of this state and which is
  140  equipped for that purpose with a boom, winch, car carrier, or
  141  other similar equipment.
  142         (d) “National Motor Vehicle Title Information System” means
  143  the federally authorized electronic National Motor Vehicle Title
  144  Information System.
  145         (e) “Equivalent commercially available system” means a
  146  service that charges a fee to provide vehicle information and
  147  that at a minimum maintains records from those states
  148  participating in data sharing with the National Motor Vehicle
  149  Title Information System.
  150         (2) Whenever a person regularly engaged in the business of
  151  transporting vehicles or vessels by wrecker, tow truck, or car
  152  carrier recovers, removes, or stores a vehicle or vessel upon
  153  instructions from:
  154         (a) The owner thereof;
  155         (b) The owner or lessor, or a person authorized by the
  156  owner or lessor, of property on which such vehicle or vessel is
  157  wrongfully parked, and the removal is done in compliance with s.
  158  715.07; or
  159         (c) The landlord or a person authorized by the landlord,
  160  when such motor vehicle or vessel remained on the premises after
  161  the tenancy terminated and the removal is done in compliance
  162  with s. 715.104; or
  163         (d)(c) Any law enforcement agency,
  164  
  165  she or he shall have a lien on the vehicle or vessel for a
  166  reasonable towing fee and for a reasonable storage fee; except
  167  that no storage fee shall be charged if the vehicle is stored
  168  for less than 6 hours.
  169         (3) This section does not authorize any person to claim a
  170  lien on a vehicle for fees or charges connected with the
  171  immobilization of such vehicle using a vehicle boot or other
  172  similar device pursuant to s. 715.07.
  173         (4)(a) Any person regularly engaged in the business of
  174  recovering, towing, or storing vehicles or vessels who comes
  175  into possession of a vehicle or vessel pursuant to subsection
  176  (2), and who claims a lien for recovery, towing, or storage
  177  services, shall give notice to the registered owner, the
  178  insurance company insuring the vehicle notwithstanding the
  179  provisions of s. 627.736, and to all persons claiming a lien
  180  thereon, as disclosed by the records in the Department of
  181  Highway Safety and Motor Vehicles or as disclosed by the records
  182  of any of a corresponding agency in any other state in which the
  183  vehicle is identified through a records check of the National
  184  Motor Vehicle Title Information System or an equivalent
  185  commercially available system as being titled or registered.
  186         (b) Whenever any law enforcement agency authorizes the
  187  removal of a vehicle or vessel or whenever any towing service,
  188  garage, repair shop, or automotive service, storage, or parking
  189  place notifies the law enforcement agency of possession of a
  190  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  191  enforcement agency of the jurisdiction where the vehicle or
  192  vessel is stored shall contact the Department of Highway Safety
  193  and Motor Vehicles, or the appropriate agency of the state of
  194  registration, if known, within 24 hours through the medium of
  195  electronic communications, giving the full description of the
  196  vehicle or vessel. Upon receipt of the full description of the
  197  vehicle or vessel, the department shall search its files to
  198  determine the owner’s name, the insurance company insuring the
  199  vehicle or vessel, and whether any person has filed a lien upon
  200  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  201  notify the applicable law enforcement agency within 72 hours.
  202  The person in charge of the towing service, garage, repair shop,
  203  or automotive service, storage, or parking place shall obtain
  204  such information from the applicable law enforcement agency
  205  within 5 days after the date of storage and shall give notice
  206  pursuant to paragraph (a). The department may release the
  207  insurance company information to the requestor notwithstanding
  208  the provisions of s. 627.736.
  209         (c) Notice by certified mail shall be sent within 7
  210  business days after the date of storage of the vehicle or vessel
  211  to the registered owner, the insurance company insuring the
  212  vehicle notwithstanding the provisions of s. 627.736, and all
  213  persons of record claiming a lien against the vehicle or vessel.
  214  It shall state the fact of possession of the vehicle or vessel,
  215  that a lien as provided in subsection (2) is claimed, that
  216  charges have accrued and the amount thereof, that the lien is
  217  subject to enforcement pursuant to law, and that the owner or
  218  lienholder, if any, has the right to a hearing as set forth in
  219  subsection (5), and that any vehicle or vessel which remains
  220  unclaimed, or for which the charges for recovery, towing, or
  221  storage services remain unpaid, may be sold free of all prior
  222  liens after 35 days if the vehicle or vessel is more than 3
  223  years of age or after 50 days if the vehicle or vessel is 3
  224  years of age or less.
  225         (d) If attempts to locate the name and address of the owner
  226  or lienholder prove unsuccessful, the towing-storage operator
  227  shall, after 7 working days, excluding Saturday and Sunday, of
  228  the initial tow or storage, notify the public agency of
  229  jurisdiction where the vehicle or vessel is stored in writing by
  230  certified mail or acknowledged hand delivery that the towing
  231  storage company has been unable to locate the name and address
  232  of the owner or lienholder and a physical search of the vehicle
  233  or vessel has disclosed no ownership information and a good
  234  faith effort has been made, including records checks of the
  235  Department of Highway Safety and Motor Vehicles and the National
  236  Motor Vehicle Title Information System or an equivalent
  237  commercially available system databases. For purposes of this
  238  paragraph and subsection (9), “good faith effort” means that the
  239  following checks have been performed by the company to establish
  240  prior state of registration and for title:
  241         1. Check of the Department of Highway Safety and Motor
  242  Vehicles database for the owner and any lienholder.
  243         2. Check of the electronic National Motor Vehicle Title
  244  Information System or an equivalent commercially available
  245  system to determine the state of registration when there is not
  246  a current registration record for the vehicle on file with the
  247  Department of Highway Safety and Motor Vehicles.
  248         3.1. Check of vehicle or vessel for any type of tag, tag
  249  record, temporary tag, or regular tag.
  250         4.2. Check of law enforcement report for tag number or
  251  other information identifying the vehicle or vessel, if the
  252  vehicle or vessel was towed at the request of a law enforcement
  253  officer.
  254         5.3. Check of trip sheet or tow ticket of tow truck
  255  operator to see if a tag was on vehicle or vessel at beginning
  256  of tow, if private tow.
  257         6.4. If there is no address of the owner on the impound
  258  report, check of law enforcement report to see if an out-of
  259  state address is indicated from driver license information.
  260         7.5. Check of vehicle or vessel for inspection sticker or
  261  other stickers and decals that may indicate a state of possible
  262  registration.
  263         8.6. Check of the interior of the vehicle or vessel for any
  264  papers that may be in the glove box, trunk, or other areas for a
  265  state of registration.
  266         9.7. Check of vehicle for vehicle identification number.
  267         10.8. Check of vessel for vessel registration number.
  268         11.9. Check of vessel hull for a hull identification number
  269  which should be carved, burned, stamped, embossed, or otherwise
  270  permanently affixed to the outboard side of the transom or, if
  271  there is no transom, to the outmost seaboard side at the end of
  272  the hull that bears the rudder or other steering mechanism.
  273         (5)(a) The owner of a vehicle or vessel removed pursuant to
  274  the provisions of subsection (2), or any person claiming a lien,
  275  other than the towing-storage operator, within 10 days after the
  276  time she or he has knowledge of the location of the vehicle or
  277  vessel, may file a complaint in the county court of the county
  278  in which the vehicle or vessel is stored to determine if her or
  279  his property was wrongfully taken or withheld from her or him.
  280         (b) Upon filing of a complaint, an owner or lienholder may
  281  have her or his vehicle or vessel released upon posting with the
  282  court a cash or surety bond or other adequate security equal to
  283  the amount of the charges for towing or storage and lot rental
  284  amount to ensure the payment of such charges in the event she or
  285  he does not prevail. Upon the posting of the bond and the
  286  payment of the applicable fee set forth in s. 28.24, the clerk
  287  of the court shall issue a certificate notifying the lienor of
  288  the posting of the bond and directing the lienor to release the
  289  vehicle or vessel. At the time of such release, after reasonable
  290  inspection, she or he shall give a receipt to the towing-storage
  291  company reciting any claims she or he has for loss or damage to
  292  the vehicle or vessel or the contents thereof.
  293         (c) Upon determining the respective rights of the parties,
  294  the court may award damages, attorney’s fees, and costs in favor
  295  of the prevailing party. In any event, the final order shall
  296  provide for immediate payment in full of recovery, towing, and
  297  storage fees by the vehicle or vessel owner or lienholder; or
  298  the agency ordering the tow; or the owner, lessee, or agent
  299  thereof of the property from which the vehicle or vessel was
  300  removed.
  301         (6) Any vehicle or vessel which is stored pursuant to
  302  subsection (2) and which remains unclaimed, or for which
  303  reasonable charges for recovery, towing, or storing remain
  304  unpaid, and any contents not released pursuant to subsection
  305  (10), may be sold by the owner or operator of the storage space
  306  for such towing or storage charge after 35 days from the time
  307  the vehicle or vessel is stored therein if the vehicle or vessel
  308  is more than 3 years of age or after 50 days following the time
  309  the vehicle or vessel is stored therein if the vehicle or vessel
  310  is 3 years of age or less. The sale shall be at public sale for
  311  cash. If the date of the sale was not included in the notice
  312  required in subsection (4), notice of the sale shall be given to
  313  the person in whose name the vehicle or vessel is registered and
  314  to all persons claiming a lien on the vehicle or vessel as shown
  315  on the records of the Department of Highway Safety and Motor
  316  Vehicles or of any the corresponding agency in any other state
  317  in which the vehicle is identified through a records check of
  318  the National Motor Vehicle Title Information System or an
  319  equivalent commercially available system as being
  320  
  321  ================= T I T L E  A M E N D M E N T ================
  322         And the title is amended as follows:
  323         Delete lines 4926 - 4942
  324  and insert:
  325         National Motor Vehicle Title Information System or an
  326         equivalent commercially available system, or the
  327         records of any corresponding agency of any other state
  328         before enforcing a lien by selling the motor vehicle;
  329         requiring the lienholder to notify the local law
  330         enforcement agency in writing by certified mail
  331         informing the law enforcement agency that the
  332         lienholder has made a good faith effort to locate the
  333         owner or lienholder; specifying that a good faith
  334         effort includes a check of the Department of Highway
  335         Safety and Motor Vehicles database records and the
  336         National Motor Vehicle Title Information System or an
  337         equivalent commercially available system; setting
  338         requirements for notification of the sale of the
  339         vehicle as a way to enforce a lien; requiring the
  340         lienholder to publish notice; requiring the lienholder
  341         to keep a record of proof of checking the National
  342         Motor Vehicle Title Information System or an
  343         equivalent commercially available system; amending s.
  344         713.78, F.S.; providing definitions; revising
  345         provisions for enforcement of a