Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 772
       
       
       
       
       
       
                                Ì688728YÎ688728                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2019           .                                
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       The Committee on Judiciary (Stargel) recommended the following:
       
    1         Senate Substitute for Amendment (944116) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 559.917, Florida Statutes, is amended to
    7  read:
    8         559.917 Bond to release possessory lien claimed by motor
    9  vehicle repair shop.—
   10         (1)(a) A Any customer or a person of record claiming a lien
   11  against a motor vehicle may obtain the release of the her or his
   12  motor vehicle from any lien claimed under part II of chapter 713
   13  by a motor vehicle repair shop for repair work performed under a
   14  written repair estimate by filing with the clerk of the court in
   15  the circuit in which the disputed transaction occurred a cash or
   16  surety bond, payable to the person claiming the lien and
   17  conditioned for the payment of any judgment which may be entered
   18  on the lien. The bond shall be in the amount stated on the
   19  invoice required by s. 559.911, plus accrued storage charges, if
   20  any, less any amount paid to the motor vehicle repair shop as
   21  indicated on the invoice. The customer or person shall not be
   22  required to institute judicial proceedings in order to post the
   23  bond in the registry of the court and shall not, nor shall the
   24  customer be required to use a particular form for posting the
   25  bond, unless the clerk provides shall provide such form to the
   26  customer or person for filing. Upon the posting of such bond,
   27  the clerk of the court shall automatically issue a certificate
   28  notifying the lienor of the posting of the bond and directing
   29  the lienor to release the customer’s motor vehicle.
   30         (b) The lienor shall have 60 days to file suit to recover
   31  the bond. The prevailing party in that action may be entitled to
   32  damages plus court costs and reasonable attorney attorney’s
   33  fees. If the lienor fails to file suit within 60 days after the
   34  posting of such bond, the bond shall be discharged by the clerk.
   35         (2) The failure of a lienor to release or return to the
   36  customer or person the motor vehicle upon which any lien is
   37  claimed, upon receiving a copy of a certificate giving notice of
   38  the posting of the bond and directing release of the motor
   39  vehicle, shall subject the lienor to judicial proceedings which
   40  may be brought by the customer or person to compel compliance
   41  with the certificate. Whenever a customer or person brings an
   42  action to compel compliance with the certificate, the customer
   43  or person need only establish that:
   44         (a) Bond in the amount of the invoice, plus accrued storage
   45  charges, if any, less any amount paid to the motor vehicle
   46  repair shop as indicated on the invoice, was posted;
   47         (b) A certificate was issued pursuant to this section;
   48         (c) The motor vehicle repair shop, or any employee or agent
   49  thereof who is authorized to release the motor vehicle, received
   50  a copy of a certificate issued pursuant to this section; and
   51         (d) The motor vehicle repair shop or employee authorized to
   52  release the motor vehicle failed to release the motor vehicle.
   53  
   54  The customer or person, upon a judgment in her or his favor in
   55  an action brought under this subsection, may be entitled to
   56  damages plus court costs and reasonable attorney attorney’s fees
   57  sustained by her or him by reason of such wrongful detention or
   58  retention. Upon a judgment in favor of the motor vehicle repair
   59  shop, the shop may be entitled to reasonable attorney attorney’s
   60  fees.
   61         (3) A Any motor vehicle repair shop that which, or an any
   62  employee or agent thereof who is authorized to release the motor
   63  vehicle who, upon receiving a copy of a certificate giving
   64  notice of the posting of the bond in the required amount and
   65  directing release of the motor vehicle, fails to release or
   66  return the property to the customer or person pursuant to this
   67  section commits is guilty of a misdemeanor of the second degree,
   68  punishable as provided in s. 775.082 or s. 775.083.
   69         (4) A Any customer or person who stops payment on a credit
   70  card charge or a check drawn in favor of a motor vehicle repair
   71  shop on account of an invoice or who fails to post a cash or
   72  surety bond pursuant to this section shall be prohibited from
   73  any recourse under this section with respect to the motor
   74  vehicle repair shop.
   75         Section 2. Section 559.920, Florida Statutes, is amended to
   76  read:
   77         559.920 Unlawful acts and practices.—It shall be a
   78  violation of this act for any motor vehicle repair shop or
   79  employee thereof to do any of the following:
   80         (1) Engage or attempt to engage in repair work for
   81  compensation of any type without first being registered with or
   82  having submitted an affidavit of exemption to the department.;
   83         (2) Make or charge for repairs which have not been
   84  expressly or impliedly authorized by the customer.;
   85         (3) Misrepresent that repairs have been made to a motor
   86  vehicle.;
   87         (4) Misrepresent that certain parts and repairs are
   88  necessary to repair a vehicle.;
   89         (5) Misrepresent that the vehicle being inspected or
   90  diagnosed is in a dangerous condition or that the customer’s
   91  continued use of the vehicle may be harmful or cause great
   92  damage to the vehicle.;
   93         (6) Fraudulently alter any customer contract, estimate,
   94  invoice, or other document.;
   95         (7) Fraudulently misuse any customer’s credit card.;
   96         (8) Make or authorize in any manner or by any means
   97  whatever any written or oral statement which is untrue,
   98  deceptive or misleading, and which is known, or which by the
   99  exercise of reasonable care should be known, to be untrue,
  100  deceptive or misleading.;
  101         (9) Make false promises of a character likely to influence,
  102  persuade, or induce a customer to authorize the repair, service,
  103  or maintenance of a motor vehicle.;
  104         (10) Substitute used, rebuilt, salvaged, or straightened
  105  parts for new replacement parts without notice to the motor
  106  vehicle owner and to her or his insurer if the cost of repair is
  107  to be paid pursuant to an insurance policy and the identity of
  108  the insurer or its claims adjuster is disclosed to the motor
  109  vehicle repair shop.;
  110         (11) Cause or allow a customer to sign any work order that
  111  does not state the repairs requested by the customer or the
  112  automobile’s odometer reading at the time of repair.;
  113         (12) Fail or refuse to give to a customer a copy of any
  114  document requiring the customer’s signature upon completion or
  115  cancellation of the repair work.;
  116         (13) Willfully depart from or disregard accepted practices
  117  and professional standards.;
  118         (14) Have repair work subcontracted without the knowledge
  119  or consent of the customer unless the motor vehicle repair shop
  120  or employee thereof demonstrates that the customer could not
  121  reasonably have been notified.;
  122         (15) Conduct the business of motor vehicle repair in a
  123  location other than that stated on the registration
  124  certificate.;
  125         (16) Rebuild or restore a rebuilt vehicle without the
  126  knowledge of the owner in such a manner that it does not conform
  127  to the original vehicle manufacturer’s established repair
  128  procedures or specifications and allowable tolerances for the
  129  particular model and year.; or
  130         (17) Perform any other act that is a violation of this part
  131  or that constitutes fraud or misrepresentation.
  132         (18)Violate any provision of s. 713.585.
  133         Section 3. Subsections (1) through (4), (9), and (13) of
  134  section 713.585, Florida Statutes, are amended, and subsections
  135  (14) through (18) are added to that section, to read:
  136         713.585 Enforcement of lien by sale of motor vehicle.—A
  137  person claiming a lien under s. 713.58 for performing labor or
  138  services on a motor vehicle may enforce such lien by sale of the
  139  vehicle in accordance with the following procedures:
  140         (1) The lienor or the lienor’s agent must give notice of
  141  the lien, by certified mail, return receipt requested, within 7
  142  business days, excluding Saturday and Sunday, from the beginning
  143  date of the assessment of storage charges on said motor vehicle,
  144  to the registered owner of the vehicle, to the customer as
  145  indicated on the order for repair, and to all other persons
  146  claiming an interest therein in or lien thereon, as disclosed by
  147  the records of the Department of Highway Safety and Motor
  148  Vehicles or as disclosed by the records of any corresponding
  149  agency of any other state in which the vehicle is identified
  150  through a records check of the National Motor Vehicle Title
  151  Information System or an equivalent commercially available
  152  system as being the current state where the vehicle is titled.
  153  Such notice must contain:
  154         (a)Be sent to the registered owner, the customer, and all
  155  other persons claiming an interest therein or lien thereon
  156  within 7 business days, excluding Saturday and Sunday, after the
  157  date on which storage charges begin to accrue on the vehicle.
  158  However, in no event shall the notice of lien be sent less than
  159  30 days before the sale of the motor vehicle.
  160         (b)Be sent by certified mail with the last eight digits of
  161  the vehicle identification number of the motor vehicle subject
  162  to the lien clearly printed in the delivery address box and on
  163  the outside of the envelope sent to the registered owner, the
  164  customer, and all other persons claiming an interest therein or
  165  lien thereon.
  166         (c)(a)Contain a description of the vehicle, including, at
  167  minimum, its year, make, vehicle identification number, and the
  168  vehicle’s location.
  169         (d)(b)Contain the name and address of the owner of the
  170  vehicle, the customer as indicated on the order for repair, and
  171  any person claiming an interest therein in or lien thereon.
  172         (e)(c)Contain the name, address, and telephone number of
  173  the lienor.
  174         (f)(d)Contain notice that the lienor claims a lien on the
  175  vehicle for labor and services performed and storage charges, if
  176  any, and the cash sum which, if paid to the lienor, would be
  177  sufficient to redeem the vehicle from the lien claimed by the
  178  lienor.
  179         (g)Contain the motor vehicle repair shop’s registration
  180  number, owner’s name, and physical address and the entity name,
  181  as registered with the Department of Agriculture and Consumer
  182  Services, of the business where the repair work or storage
  183  occurred, which must also appear on the outside of the envelope
  184  sent to the registered owner, the customer, and all other
  185  persons claiming an interest in or lien on the vehicle.
  186         (h)Contain the name of the person or entity that
  187  authorized the labor or services on the vehicle.
  188         (i)Contain an itemized statement of the amount claimed to
  189  be owed to the lienor, including the date the vehicle was
  190  dropped off for repairs; the date the repairs were completed;
  191  the date the customer was notified of the completion of the
  192  repairs; the amount due for repairs, adjustments, or
  193  modifications to the vehicle; any administrative fees; and any
  194  daily storage charges.
  195         (j)(e)Contain notice that the lien claimed by the lienor
  196  is subject to enforcement pursuant to this section and that the
  197  vehicle may be sold to satisfy the lien.
  198         (k)(f)Contain If known, the date, time, and location of
  199  any proposed or scheduled sale of the vehicle. A vehicle may not
  200  be sold earlier than 60 days after completion of the repair
  201  work.
  202         (l)(g)Contain notice that the owner of the vehicle or any
  203  person claiming an interest therein in or lien thereon has a
  204  right to a hearing at any time before the scheduled date of sale
  205  by filing a demand for hearing with the clerk of the circuit
  206  court in the county in which the vehicle is held and mailing
  207  copies of the demand for hearing to all other owners and lienors
  208  as reflected on the notice.
  209         (m)(h)Contain notice that the owner of the vehicle has a
  210  right to recover possession of the vehicle without instituting
  211  judicial proceedings by posting bond in accordance with s.
  212  559.917.
  213         (n)(i)Contain notice that any proceeds from the sale of
  214  the vehicle remaining after payment of the amount claimed to be
  215  due and owing to the lienor will be deposited with the clerk of
  216  the circuit court for disposition upon court order pursuant to
  217  subsection (8).
  218         (o)(j)Contain notice that a lienholder, if any, has the
  219  right, as specified in subsection (5), to demand a hearing or to
  220  post a bond.
  221         (p)Contain a statement that the lienor will make the
  222  vehicle available for inspection during regular business hours
  223  within 3 business days after receiving a written request to
  224  inspect the vehicle from a notice recipient, who may present
  225  either a copy of an electronic title or a paper title as
  226  evidence of his or her interest in and right to inspect the
  227  vehicle.
  228         (q)Contain the address at which the vehicle is physically
  229  located.
  230         (2) If attempts to locate the owner or lienholder are
  231  unsuccessful after a check of the records of the Department of
  232  Highway Safety and Motor Vehicles and any state disclosed by the
  233  check of the National Motor Vehicle Title Information System or
  234  an equivalent commercially available system, the lienor must
  235  notify the local law enforcement agency in writing by certified
  236  mail or acknowledged hand delivery that the lienor has been
  237  unable to locate the owner or lienholder, that a physical search
  238  of the vehicle has disclosed no ownership information, and that
  239  a good faith effort, including records checks of the Department
  240  of Highway Safety and Motor Vehicles database and the National
  241  Motor Vehicle Title Information System or an equivalent
  242  commercially available system, has been made. A description of
  243  the motor vehicle which includes the year, make, and
  244  identification number must be given on the notice. This
  245  notification must take place within 7 business days, excluding
  246  Saturday and Sunday, after from the beginning date on which of
  247  the assessment of storage charges begin to accrue on the said
  248  motor vehicle. For purposes of this subsection paragraph, the
  249  term “good faith effort” means that the following checks have
  250  been performed by the company to establish the prior state of
  251  registration and title:
  252         (a) A check of the department’s Department of Highway
  253  Safety and Motor Vehicles database for the owner and any
  254  lienholder.;
  255         (b) A check of the federally mandated electronic National
  256  Motor Vehicle Title Information System or an equivalent
  257  commercially available system to determine the state of
  258  registration when there is not a current title or registration
  259  record for the vehicle on file with the department. of Highway
  260  Safety and Motor Vehicles;
  261         (c) A check of the vehicle for any type of tag, tag record,
  262  temporary tag, or regular tag.;
  263         (d) A check of the vehicle for an inspection sticker or
  264  other stickers and decals that could indicate the state of
  265  possible registration.; and
  266         (e) A check of the interior of the vehicle for any papers
  267  that could be in the glove box, trunk, or other areas for the
  268  state of registration.
  269         (3) A vehicle may not be sold earlier than 60 days after
  270  completion of the repair work. If the date of the sale was not
  271  included in the notice of lien required in subsection (1),
  272  notice of the sale must be sent by certified mail at least,
  273  return receipt requested, not less than 15 days before the date
  274  of sale, to the customer as indicated on the order for repair,
  275  and to all other persons claiming an interest in or lien on the
  276  motor vehicle, as disclosed by the records of the Department of
  277  Highway Safety and Motor Vehicles or of a corresponding agency
  278  of any other state in which the vehicle appears to have been
  279  registered after completion of a check of the National Motor
  280  Vehicle Title Information System or an equivalent commercially
  281  available system. Such notice must:
  282         (a)Be sent by certified mail with the last eight digits of
  283  the vehicle identification number of the motor vehicle subject
  284  to the sale clearly identified and printed in the delivery
  285  address box and on the outside of the envelope sent to the
  286  registered owner, the customer, and all other persons claiming
  287  an interest therein or lien thereon.
  288         (b)Contain the motor vehicle repair shop’s registration
  289  number, owner’s name, and physical address and the entity name,
  290  as registered with the Department of Agriculture and Consumer
  291  Services, of the business where the repair work or storage
  292  occurred, which must also appear on the outside of the envelope
  293  containing the notice of sale in the return address section of
  294  the envelope.
  295         (4) The lienor, at least 15 days before the proposed or
  296  scheduled date of sale of the vehicle, shall publish the notice
  297  required by this section once in a newspaper circulated in the
  298  county where the vehicle repair work was completed and where the
  299  sale is to take place held. A certificate of compliance with the
  300  notification provisions of this section, which includes the
  301  vehicle identification number, verified by the lienor, together
  302  with a copy of the notice of lien required by subsection (1) and
  303  the notice of sale required by subsection (3), which must
  304  include and return receipt for mailing of the notice required by
  305  this section, proof of publication, and checks of the Department
  306  of Highway Safety and Motor Vehicles and the National Motor
  307  Vehicle Title Information System or an equivalent commercially
  308  available system, must be duly and expeditiously filed with the
  309  clerk of the circuit court in the county where the vehicle is
  310  held. The lienor, at the time of filing the certificate of
  311  compliance, must pay to the clerk of that court a service charge
  312  of $10 for indexing and recording the certificate.
  313         (9)(a) A copy of the certificate of compliance, which must
  314  include the vehicle identification number, and the report of
  315  sale, certified by the clerk of the court, a copy of the notice
  316  of lien required by subsection (1) and the notice of sale
  317  required by subsection (3), and proof of the required check of
  318  the National Motor Vehicle Title Information System or an
  319  equivalent commercially available system shall constitute
  320  satisfactory proof for application to the Department of Highway
  321  Safety and Motor Vehicles for transfer of title, together with
  322  any other proof required by any rules and regulations of the
  323  department.
  324         (b)The Department of Highway Safety and Motor Vehicles may
  325  not approve an application for transfer of title if the
  326  application fails to include a copy of the notice of lien
  327  required by subsection (1) and the notice of sale required by
  328  subsection (3). The vehicle identification number on the notice
  329  of lien must match the vehicle identification number of the
  330  vehicle that is the subject of the transfer of title.
  331         (13) A failure to make good faith efforts as defined in
  332  subsection (2) precludes the imposition of any storage charges
  333  against the vehicle. If a lienor fails to provide notice to any
  334  person claiming a lien on a vehicle under subsection (1) within
  335  7 business days after the date assessment of storage of the
  336  vehicle charges has begun, then the lienor may not charge the
  337  person is precluded from charging for more than 7 days of
  338  storage, but such failure to provide timely notice does not
  339  affect charges made for repairs, adjustments, or modifications
  340  to the vehicle or the priority of liens on the vehicle.
  341         (14)At any time before the proposed or scheduled date of
  342  sale of a vehicle, the owner, the customer, or a person claiming
  343  an interest therein or lien thereon may request to inspect the
  344  vehicle. The lienor must make the vehicle available for
  345  inspection during regular business hours within 3 business days
  346  after receiving a written request to inspect the vehicle.
  347         (15)(a)A lienor or the lienor’s agent may charge an
  348  administrative fee to the registered owner, the insurance
  349  company insuring the vehicle, or a person of record claiming a
  350  lien against the vehicle to obtain release of the vehicle. Such
  351  administrative fee may not exceed $250. For purposes of this
  352  paragraph, the term “administrative fee” means a lien fee or any
  353  fee imposed by the lienor or the lienor’s agent for
  354  administrative costs added to the amount due for storage,
  355  repairs, adjustments, or modifications to the vehicle.
  356         (b)A lienor or the lienor’s agent may not charge fees or
  357  costs, other than those authorized in this section, that exceed
  358  $250.
  359         (16)A motor vehicle repair shop, garage, automotive
  360  service facility, or storage operator must use a third-party
  361  service approved by the Department of Highway Safety and Motor
  362  Vehicles to transmit all notices required by this section. If
  363  there is no third-party service approved by the department, the
  364  motor vehicle repair shop, garage, automotive service facility,
  365  or storage operator may mail the notices and provide evidence of
  366  compliance with this section upon submission of an application
  367  for certificate of title or certificate of destruction.
  368         (a)For purposes of this subsection, the term “third-party
  369  service” means a qualified business entity that, upon a request
  370  submitted through a website by a motor vehicle repair shop,
  371  garage, automotive service facility, or storage operator:
  372         1.Accesses the National Motor Vehicle Title Information
  373  System records to obtain the last state of record of the
  374  vehicle.
  375         2.Accesses the owner, lienholder, and insurer information,
  376  as applicable, for a vehicle from the department.
  377         3.Electronically generates the notices required of a motor
  378  vehicle repair shop, a garage, an automotive service facility,
  379  and a storage operator by this section through the website.
  380         4.Prints and sends the notices required under this section
  381  to each owner, lienholder, and insurer of record by certified
  382  mail.
  383         5.Electronically returns tracking information or other
  384  proof of mailing and delivery of the notices to the motor
  385  vehicle repair shop, the garage, the automotive service
  386  facility, and the storage operator.
  387         6.Electronically reports to the department, via an
  388  electronic data exchange process using a web interface, the
  389  following information related to the repair and storage notices:
  390         a.The vehicle identification number.
  391         b.The license plate number.
  392         c.The name and address of the repair shop or lienor.
  393         d.The physical location of the vehicle.
  394         e.The date on which the vehicle was dropped off for
  395  repairs.
  396         f.The date on which the repairs were completed.
  397         g.The amount due for repairs and the storage amount per
  398  day.
  399         h.The dates on which the notice was mailed and delivered.
  400         i.The date on which the owner was notified that the
  401  repairs were completed.
  402         j.Other information required by the department.
  403         (b)A third-party service must apply to and be approved by
  404  the department in order to provide notices under this section.
  405  The department shall prescribe the format for the application.
  406  The department may approve the applicant as qualified to perform
  407  the services provided in paragraph (a) if the applicant:
  408         1.Provides the department with a $1 million bond.
  409         2.Submits an acceptable internal control and data security
  410  audit (Level 2) or its equivalent performed by a licensed
  411  certified public accountant.
  412         3.Successfully demonstrates the ability to electronically
  413  provide required data to the department via an electronic data
  414  exchange process using a web interface.
  415         (c)The department may deny, suspend, or revoke approval of
  416  a third-party service if the department determines that the
  417  third-party service has committed an act of fraud or
  418  misrepresentation related to a notice required by this section.
  419         (d)A third-party service must maintain all records related
  420  to providing notices under this section for 5 years and allow
  421  the department to inspect and copy such records upon request.
  422  The records may be maintained in an electronic format.
  423         (e)A third-party service must annually provide the
  424  department with evidence that it maintains a $1 million bond and
  425  must annually submit an internal control and data security audit
  426  (Level 2) or its equivalent performed by a licensed certified
  427  public accountant to continue its approved status each year.
  428         (f)A third-party service must maintain a publicly
  429  available website that allows owners, registrants, lienholders,
  430  insurance companies, or their agents to search for notices sent
  431  pursuant to this section. The search results must exclude
  432  personal identifying information but provide the same
  433  information provided to the department.
  434         (17)A lienor must release to the owner, lienholder, or
  435  agent thereof all of the personal property found in but not
  436  affixed to the vehicle. Upon payment of the charges owed, the
  437  lienor must release the vehicle to the paying owner, lienholder,
  438  or agent thereof.
  439         (18)A lienor must accept either a copy of an electronic
  440  title or a paper title as evidence of a person’s interest in a
  441  vehicle.
  442         Section 4. Subsection (4), paragraphs (a) and (b) of
  443  subsection (5), and subsections (6) and (9) of section 713.78,
  444  Florida Statutes, are amended, and subsections (14) through (17)
  445  are added to that section, to read:
  446         713.78 Liens for recovering, towing, or storing vehicles
  447  and vessels.—
  448         (4)(a) A Any person regularly engaged in the business of
  449  recovering, towing, or storing vehicles or vessels who comes
  450  into possession of a vehicle or vessel pursuant to subsection
  451  (2), and who claims a lien for recovery, towing, or storage
  452  services, shall give notice, by certified mail, to the
  453  registered owner, the insurance company insuring the vehicle
  454  notwithstanding the provisions of s. 627.736, and to all persons
  455  claiming a lien thereon, as disclosed by the records in the
  456  Department of Highway Safety and Motor Vehicles or as disclosed
  457  by the records of any corresponding agency in any other state in
  458  which the vehicle is identified through a records check of the
  459  National Motor Vehicle Title Information System or an equivalent
  460  commercially available system as being titled or registered.
  461         (b) Whenever a any law enforcement agency authorizes the
  462  removal of a vehicle or vessel or whenever a any towing service,
  463  garage, repair shop, or automotive service, storage, or parking
  464  place notifies the law enforcement agency of possession of a
  465  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  466  enforcement agency of the jurisdiction where the vehicle or
  467  vessel is stored shall contact the Department of Highway Safety
  468  and Motor Vehicles, or the appropriate agency of the state of
  469  registration, if known, within 24 hours through the medium of
  470  electronic communications, giving the full description of the
  471  vehicle or vessel. Upon receipt of the full description of the
  472  vehicle or vessel, the department shall search its files to
  473  determine the owner’s name, the insurance company insuring the
  474  vehicle or vessel, and whether any person has filed a lien upon
  475  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  476  notify the applicable law enforcement agency within 72 hours.
  477  The person in charge of the towing service, garage, repair shop,
  478  or automotive service, storage, or parking place shall obtain
  479  such information from the applicable law enforcement agency
  480  within 5 days after the date of storage and shall give notice
  481  pursuant to paragraph (a). The department may release the
  482  insurance company information to the requestor notwithstanding
  483  the provisions of s. 627.736.
  484         (c) The notice of lien must be sent by certified mail to
  485  the registered owner, the insurance company insuring the vehicle
  486  notwithstanding s. 627.736, and all other persons claiming a
  487  lien thereon shall be sent within 7 business days, excluding
  488  Saturday and Sunday, after the date of storage of the vehicle or
  489  vessel. However, in no event shall the notice of lien be sent
  490  less than 30 days before the sale of to the registered owner,
  491  the insurance company insuring the vehicle notwithstanding the
  492  provisions of s. 627.736, and all persons of record claiming a
  493  lien against the vehicle or vessel. The notice must state:
  494         1.If the claim of lien is for a vehicle, the last eight
  495  digits of the vehicle identification number of the vehicle
  496  subject to the lien, or, if the claim of lien is for a vessel,
  497  the hull identification number of the vessel subject to the
  498  lien, clearly printed in the delivery address box and on the
  499  outside of the envelope sent to the registered owner and all
  500  other persons claiming an interest therein or lien thereon.
  501         2.The name, physical address, and telephone number of the
  502  lienor, and the entity name, as registered with the Division of
  503  Corporations, of the business where the towing and storage
  504  occurred, which must also appear on the outside of the envelope
  505  sent to the registered owner and all other persons claiming an
  506  interest in or lien on the vehicle or vessel.
  507         3.It shall state The fact of possession of the vehicle or
  508  vessel.
  509         4.The name of the person or entity that authorized the
  510  lienor to take possession of the vehicle or vessel.,
  511         5. That a lien as provided in subsection (2) is claimed.,
  512         6. That charges have accrued and include an itemized
  513  statement of the amount thereof.,
  514         7. That the lien is subject to enforcement under pursuant
  515  to law, and that the owner or lienholder, if any, has the right
  516  to a hearing as set forth in subsection (5)., and
  517         8. That any vehicle or vessel that which remains unclaimed,
  518  or for which the charges for recovery, towing, or storage
  519  services remain unpaid, may be sold free of all prior liens
  520  after 35 days after the vehicle or vessel is stored by the
  521  lienor if the vehicle or vessel is more than 3 years of age or
  522  after 50 days after the vehicle or vessel is stored by the
  523  lienor if the vehicle or vessel is 3 years of age or less.
  524         9.The address at which the vehicle or vessel is physically
  525  located.
  526         (d)The notice of lien may not be sent to the registered
  527  owner, the insurance company insuring the vehicle or vessel, and
  528  all other persons claiming a lien thereon less than 30 days
  529  before the sale of the vehicle or vessel.
  530         (e)(d) If attempts to locate the name and address of the
  531  owner or lienholder prove unsuccessful, the towing-storage
  532  operator shall, after 7 business working days, excluding
  533  Saturday and Sunday, after of the initial tow or storage, notify
  534  the public agency of jurisdiction where the vehicle or vessel is
  535  stored in writing by certified mail or acknowledged hand
  536  delivery that the towing-storage company has been unable to
  537  locate the name and address of the owner or lienholder and a
  538  physical search of the vehicle or vessel has disclosed no
  539  ownership information and a good faith effort has been made,
  540  including records checks of the Department of Highway Safety and
  541  Motor Vehicles database and the National Motor Vehicle Title
  542  Information System or an equivalent commercially available
  543  system. For purposes of this paragraph and subsection (9), the
  544  term “good faith effort” means that the following checks have
  545  been performed by the company to establish the prior state of
  546  registration and for title:
  547         1. A check of the department’s Department of Highway Safety
  548  and Motor Vehicles database for the owner and any lienholder.
  549         2. A check of the electronic National Motor Vehicle Title
  550  Information System or an equivalent commercially available
  551  system to determine the state of registration when there is not
  552  a current registration record for the vehicle or vessel on file
  553  with the department of Highway Safety and Motor Vehicles.
  554         3. A check of the vehicle or vessel for any type of tag,
  555  tag record, temporary tag, or regular tag.
  556         4. A check of the law enforcement report for a tag number
  557  or other information identifying the vehicle or vessel, if the
  558  vehicle or vessel was towed at the request of a law enforcement
  559  officer.
  560         5. A check of the trip sheet or tow ticket of the tow truck
  561  operator to determine whether see if a tag was on the vehicle or
  562  vessel at the beginning of the tow, if a private tow.
  563         6. If there is no address of the owner on the impound
  564  report, a check of the law enforcement report to determine
  565  whether see if an out-of-state address is indicated from driver
  566  license information.
  567         7. A check of the vehicle or vessel for an inspection
  568  sticker or other stickers and decals that may indicate a state
  569  of possible registration.
  570         8. A check of the interior of the vehicle or vessel for any
  571  papers that may be in the glove box, trunk, or other areas for a
  572  state of registration.
  573         9. A check of the vehicle for a vehicle identification
  574  number.
  575         10. A check of the vessel for a vessel registration number.
  576         11. A check of the vessel hull for a hull identification
  577  number which should be carved, burned, stamped, embossed, or
  578  otherwise permanently affixed to the outboard side of the
  579  transom or, if there is no transom, to the outmost seaboard side
  580  at the end of the hull that bears the rudder or other steering
  581  mechanism.
  582         (5)(a) The owner of a vehicle or vessel removed pursuant to
  583  the provisions of subsection (2), or any person claiming a lien,
  584  other than the towing-storage operator, within 10 days after the
  585  time she or he has knowledge of the location of the vehicle or
  586  vessel, may file a complaint in the county court of the county
  587  in which the vehicle or vessel is stored to determine whether if
  588  her or his property was wrongfully taken or withheld from her or
  589  him.
  590         (b) At any time before the sale of the vehicle or vessel
  591  Upon filing of a complaint, an owner or lienholder may have her
  592  or his vehicle or vessel released upon posting with the court a
  593  cash or surety bond or other adequate security equal to the
  594  amount of the charges for towing or storage and lot rental
  595  amount to ensure the payment of such charges in the event she or
  596  he does not prevail. Upon the posting of the bond and the
  597  payment of the applicable fee set forth in s. 28.24, the clerk
  598  of the court shall issue a certificate notifying the lienor of
  599  the posting of the bond and directing the lienor to release the
  600  vehicle or vessel. At the time of such release, after reasonable
  601  inspection, she or he shall give a receipt to the towing-storage
  602  company reciting any claims she or he has for loss or damage to
  603  the vehicle or vessel or the contents thereof.
  604         (6) A Any vehicle or vessel that which is stored pursuant
  605  to subsection (2) and which remains unclaimed, or for which
  606  reasonable charges for recovery, towing, or storing remain
  607  unpaid, and any contents not released pursuant to subsection
  608  (10), may be sold by the owner or operator of the storage space
  609  for such towing or storage charge after 35 days after from the
  610  time the vehicle or vessel is stored by the lienor therein if
  611  the vehicle or vessel is more than 3 years of age or after 50
  612  days after following the time the vehicle or vessel is stored by
  613  the lienor therein if the vehicle or vessel is 3 years of age or
  614  less. The sale shall be at public sale for cash. If the date of
  615  the sale was not included in the notice required in subsection
  616  (4), notice of the sale shall be given to the person in whose
  617  name the vehicle or vessel is registered and to all persons
  618  claiming a lien on the vehicle or vessel as shown on the records
  619  of the Department of Highway Safety and Motor Vehicles or of any
  620  corresponding agency in any other state in which the vehicle is
  621  identified through a records check of the National Motor Vehicle
  622  Title Information System or an equivalent commercially available
  623  system as being titled. Notice of the sale must shall be sent by
  624  certified mail. The notice must have clearly identified and
  625  printed, if the claim of lien is for a motor vehicle, the last
  626  eight digits of the vehicle identification number of the motor
  627  vehicle subject to the lien, or, if the claim of lien is for a
  628  vessel, the hull identification number of the vessel subject to
  629  the lien, in the delivery address box and on the outside of the
  630  envelope sent to the registered owner and all other persons
  631  claiming an interest therein or lien thereon. The notice must be
  632  sent to the owner of the vehicle or vessel and the person having
  633  the recorded lien on the vehicle or vessel at the address shown
  634  on the records of the registering agency at least and shall be
  635  mailed not less than 15 days before the sale of the vehicle or
  636  vessel date of the sale. The notice must state the name,
  637  physical address, and telephone number of the lienor, and the
  638  vehicle identification number if the claim of lien is for a
  639  vehicle or the hull identification number if the claim of lien
  640  is for a vessel, all of which must also appear in the return
  641  address section on the outside of the envelope containing the
  642  notice of sale. After diligent search and inquiry, if the name
  643  and address of the registered owner or the owner of the recorded
  644  lien cannot be ascertained, the requirements of notice by mail
  645  may be dispensed with. In addition to the notice by mail, public
  646  notice of the time and place of sale shall be made by publishing
  647  a notice thereof one time, at least 10 days before prior to the
  648  date of the sale, in a newspaper of general circulation in the
  649  county in which the sale is to be held. The proceeds of the
  650  sale, after payment of reasonable towing and storage charges,
  651  and costs of the sale, in that order of priority, shall be
  652  deposited with the clerk of the circuit court for the county if
  653  the owner or lienholder is absent, and the clerk shall hold such
  654  proceeds subject to the claim of the owner or lienholder legally
  655  entitled thereto. The clerk shall be entitled to receive 5
  656  percent of such proceeds for the care and disbursement thereof.
  657  The certificate of title issued under this law shall be
  658  discharged of all liens unless otherwise provided by court
  659  order. The owner or lienholder may file a complaint after the
  660  vehicle or vessel has been sold in the county court of the
  661  county in which it is stored. Upon determining the respective
  662  rights of the parties, the court may award damages, attorney
  663  attorney’s fees, and costs in favor of the prevailing party.
  664         (9) Failure to make good faith best efforts to comply with
  665  the notice requirements of this section precludes shall preclude
  666  the imposition of any storage charges against the such vehicle
  667  or vessel. If a lienor fails to provide notice to a person
  668  claiming a lien on a vehicle or vessel in accordance with
  669  subsection (4), the lienor may not charge the person for more
  670  than 7 days of storage, but such failure does not affect charges
  671  made for towing the vehicle or vessel or the priority of liens
  672  on the vehicle or vessel.
  673         (14)(a)A copy of the notice of lien required by subsection
  674  (4) and the notice of sale required by subsection (6), which
  675  must include the vehicle identification number if the claim of
  676  lien is for a vehicle or the hull identification number if the
  677  claim of lien is for a vessel, and proof of the required check
  678  of the National Motor Vehicle Title Information System or an
  679  equivalent commercially available system shall constitute
  680  satisfactory proof for application to the Department of Highway
  681  Safety and Motor Vehicles for transfer of title, together with
  682  any other proof required by any rules and regulations of the
  683  department.
  684         (b)The Department of Highway Safety and Motor Vehicles may
  685  not approve an application for transfer of title if the
  686  application fails to include a copy of the notice of lien
  687  required by subsection (4) and the notice of sale required by
  688  subsection (6). The vehicle or hull identification number on the
  689  notice of lien must match the vehicle or hull identification
  690  number of the vehicle or vessel that is the subject of the
  691  transfer of title.
  692         (15)(a)A lienor or the lienor’s agent may charge an
  693  administrative fee to the registered owner, the insurance
  694  company insuring the vehicle or vessel, or a person claiming a
  695  lien against the vehicle or vessel to obtain release of the
  696  vehicle or vessel. Such administrative fee may not exceed $250.
  697  For purposes of this paragraph, the term “administrative fee”
  698  means a lien fee or any fee imposed by the lienor or the
  699  lienor’s agent for administrative costs added to the amount due
  700  for towing and storing the vehicle or vessel.
  701         (b)A lienor or the lienor’s agent may not charge fees or
  702  costs, other than those authorized in this section or ss.
  703  125.0103 and 166.043, that exceed $250.
  704         (16)A towing-storage operator must use a third-party
  705  service approved by the Department of Highway Safety and Motor
  706  Vehicles to transmit all notices required by this section. If
  707  there is no third-party service approved by the department, the
  708  towing-storage operator may mail the notices and provide
  709  evidence of compliance with this section upon submission of an
  710  application for certificate of title or certificate of
  711  destruction.
  712         (a)For purposes of this subsection, the term “third-party
  713  service” means a qualified business entity that, upon a request
  714  submitted through a website by a towing-storage operator:
  715         1.Accesses the National Motor Vehicle Title Information
  716  System records to obtain the last state of record of the
  717  vehicle.
  718         2.Accesses the owner, lienholder, and insurer information,
  719  as applicable, for a vehicle or vessel from the department.
  720         3.Electronically generates the notices required of a
  721  towing-storage operator by this section through the website.
  722         4.Prints and sends the notices required under this section
  723  to each owner, lienholder, and insurer of record by certified
  724  mail.
  725         5.Electronically returns tracking information or other
  726  proof of mailing and delivery of the notices to the towing
  727  storage operator.
  728         6.Electronically reports to the department, via an
  729  electronic data exchange process using a web interface, the
  730  following information related to the towing and storage notice:
  731         a.The vehicle identification number or vessel hull
  732  identification number.
  733         b.The license plate number, if applicable.
  734         c.The name and address of the towing-storage operator or
  735  lienor.
  736         d.The physical location of the vehicle or vessel.
  737         e.The date on which the vehicle or vessel was towed.
  738         f.The amount of storage fees owed at the time of the
  739  notice.
  740         g.The date of assessment of storage charges.
  741         h.The dates on which the notice was mailed and delivered.
  742         i.Other information required by the department.
  743         (b)A third-party service must apply to and be approved by
  744  the department in order to provide notices under this section.
  745  The department shall prescribe the format for the application.
  746  The department may approve the applicant as qualified to perform
  747  the services provided in paragraph (a) if the applicant:
  748         1.Provides the department with a $1 million bond.
  749         2.Submits an acceptable internal control and data security
  750  audit (Level 2) or its equivalent performed by a licensed
  751  certified public accountant.
  752         3.Successfully demonstrates the ability to electronically
  753  provide required data to the department via an electronic data
  754  exchange process using a web interface.
  755         (c)The department may deny, suspend, or revoke approval of
  756  a third-party service if the department determines that the
  757  third-party service has committed an act of fraud or
  758  misrepresentation related to a notice required by this section.
  759         (d)A third-party service must maintain all records related
  760  to providing notices under this section for 5 years and allow
  761  the department to inspect and copy such records upon request.
  762  The records may be maintained in an electronic format.
  763         (e)A third-party service must annually provide the
  764  department with evidence that it maintains a $1 million bond and
  765  must annually submit an internal control and data security audit
  766  (Level 2) or its equivalent performed by a licensed certified
  767  public accountant to continue its approved status each year.
  768         (f)A third-party service must maintain a publicly
  769  available website that allows owners, registrants, lienholders,
  770  insurance companies, or their agents to search for notices sent
  771  pursuant to this section. The search results must exclude
  772  personal identifying information but provide the same
  773  information provided to the department.
  774         (17)A lienor must accept either a copy of an electronic
  775  title or a paper title as evidence of a person’s interest in a
  776  vehicle or vessel.
  777         Section 5. This act shall take effect January 1, 2020.
  778  
  779  ================= T I T L E  A M E N D M E N T ================
  780  And the title is amended as follows:
  781         Delete everything before the enacting clause
  782  and insert:
  783                        A bill to be entitled                      
  784         An act relating to liens against motor vehicles and
  785         vessels; amending s. 559.917, F.S.; authorizing a
  786         person claiming a lien against a motor vehicle to
  787         obtain the release of the vehicle from a lien claimed
  788         by a motor vehicle repair shop under certain
  789         circumstances; amending s. 559.920, F.S.; prohibiting
  790         a motor vehicle repair shop from violating certain
  791         provisions; amending s. 713.585, F.S.; revising notice
  792         requirements for enforcing a lien by sale of a motor
  793         vehicle; revising requirements for notice of lien and
  794         notice of sale of a motor vehicle; requiring a lienor
  795         to make the motor vehicle available for inspection by
  796         notice recipients; revising requirements for transfer
  797         of title; authorizing a lienor to charge an
  798         administrative fee up to a certain amount; defining
  799         the term “administrative fee”; requiring a motor
  800         vehicle repair shop, garage, automotive service
  801         facility, or storage operator to use a third-party
  802         service to provide notices of lien and sale; providing
  803         an exception; defining the term “third-party service”;
  804         requiring a third-party service to apply to and be
  805         approved by the Department of Highway Safety and Motor
  806         Vehicles; providing requirements; authorizing the
  807         department to deny, suspend, or revoke approval under
  808         certain circumstances; providing recordkeeping
  809         requirements; providing requirements for retaining
  810         approved status; requiring maintenance of a website
  811         for access to certain information; requiring a lienor
  812         to release certain personal property; requiring the
  813         lienor to release the vehicle upon payment of charges;
  814         requiring a lienor to accept a copy of an electronic
  815         title or a paper title as evidence of a person’s
  816         interest in a vehicle; amending s. 713.78, F.S.;
  817         revising requirements for notice of lien for
  818         recovering, towing, or storing a vehicle or vessel;
  819         revising requirements for notice of the sale of such
  820         vehicle or vessel; revising requirements for transfer
  821         of title; authorizing a lienor to charge an
  822         administrative fee up to a certain amount; defining
  823         the term “administrative fee”; requiring a towing
  824         storage operator to use a third-party service to
  825         provide notices of lien and sale; providing an
  826         exception; defining the term “third-party service”;
  827         requiring a third-party service to apply to and be
  828         approved by the department; providing requirements;
  829         authorizing the department to deny, suspend, or revoke
  830         approval under certain circumstances; providing
  831         recordkeeping requirements; providing requirements for
  832         retaining approved status; requiring maintenance of a
  833         website for access to certain information; requiring a
  834         lienor to accept a copy of an electronic title or a
  835         paper title as evidence of a person’s interest in a
  836         vehicle or vessel; providing an effective date.