Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 772
       
       
       
       
       
       
                                Ì888030{Î888030                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2019           .                                
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       The Committee on Banking and Insurance (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 559.917, Florida Statutes, is amended to
    6  read:
    7         559.917 Bond to release possessory lien claimed by motor
    8  vehicle repair shop.—
    9         (1)(a) A Any customer or a person of record claiming a lien
   10  against a motor vehicle may obtain the release of the her or his
   11  motor vehicle from any lien claimed under part II of chapter 713
   12  by a motor vehicle repair shop for repair work performed under a
   13  written repair estimate by filing with the clerk of the court in
   14  the circuit in which the disputed transaction occurred a cash or
   15  surety bond, payable to the person claiming the lien and
   16  conditioned for the payment of any judgment which may be entered
   17  on the lien. The bond shall be in the amount stated on the
   18  invoice required by s. 559.911, plus accrued storage charges, if
   19  any, less any amount paid to the motor vehicle repair shop as
   20  indicated on the invoice. The customer or person shall not be
   21  required to institute judicial proceedings in order to post the
   22  bond in the registry of the court and shall not, nor shall the
   23  customer be required to use a particular form for posting the
   24  bond, unless the clerk provides shall provide such form to the
   25  customer or person for filing. Upon the posting of such bond,
   26  the clerk of the court shall automatically issue a certificate
   27  notifying the lienor of the posting of the bond and directing
   28  the lienor to release the customer’s motor vehicle.
   29         (b) The lienor shall have 60 days to file suit to recover
   30  the bond. The prevailing party in that action may be entitled to
   31  damages plus court costs and reasonable attorney attorney’s
   32  fees. If the lienor fails to file suit within 60 days after the
   33  posting of such bond, the bond shall be discharged.
   34         (2) The failure of a lienor to release or return to the
   35  customer or person the motor vehicle upon which any lien is
   36  claimed, upon receiving a copy of a certificate giving notice of
   37  the posting of the bond and directing release of the motor
   38  vehicle, shall subject the lienor to judicial proceedings which
   39  may be brought by the customer or person to compel compliance
   40  with the certificate. Whenever a customer or person brings an
   41  action to compel compliance with the certificate, the customer
   42  or person need only establish that:
   43         (a) Bond in the amount of the invoice, plus accrued storage
   44  charges, if any, less any amount paid to the motor vehicle
   45  repair shop as indicated on the invoice, was posted;
   46         (b) A certificate was issued pursuant to this section;
   47         (c) The motor vehicle repair shop, or any employee or agent
   48  thereof who is authorized to release the motor vehicle, received
   49  a copy of a certificate issued pursuant to this section; and
   50         (d) The motor vehicle repair shop or employee authorized to
   51  release the motor vehicle failed to release the motor vehicle.
   52  
   53  The customer or person, upon a judgment in her or his favor in
   54  an action brought under this subsection, may be entitled to
   55  damages plus court costs and reasonable attorney attorney’s fees
   56  sustained by her or him by reason of such wrongful detention or
   57  retention. Upon a judgment in favor of the motor vehicle repair
   58  shop, the shop may be entitled to reasonable attorney attorney’s
   59  fees.
   60         (3) A Any motor vehicle repair shop that which, or an any
   61  employee or agent thereof who is authorized to release the motor
   62  vehicle who, upon receiving a copy of a certificate giving
   63  notice of the posting of the bond in the required amount and
   64  directing release of the motor vehicle, fails to release or
   65  return the property to the customer or person pursuant to this
   66  section commits is guilty of a misdemeanor of the second degree,
   67  punishable as provided in s. 775.082 or s. 775.083.
   68         (4) A Any customer or person who stops payment on a credit
   69  card charge or a check drawn in favor of a motor vehicle repair
   70  shop on account of an invoice or who fails to post a cash or
   71  surety bond pursuant to this section shall be prohibited from
   72  any recourse under this section with respect to the motor
   73  vehicle repair shop.
   74         Section 2. Section 559.920, Florida Statutes, is amended to
   75  read:
   76         559.920 Unlawful acts and practices.—It shall be a
   77  violation of this act for any motor vehicle repair shop or
   78  employee thereof to do any of the following:
   79         (1) Engage or attempt to engage in repair work for
   80  compensation of any type without first being registered with or
   81  having submitted an affidavit of exemption to the department.;
   82         (2) Make or charge for repairs which have not been
   83  expressly or impliedly authorized by the customer.;
   84         (3) Misrepresent that repairs have been made to a motor
   85  vehicle.;
   86         (4) Misrepresent that certain parts and repairs are
   87  necessary to repair a vehicle.;
   88         (5) Misrepresent that the vehicle being inspected or
   89  diagnosed is in a dangerous condition or that the customer’s
   90  continued use of the vehicle may be harmful or cause great
   91  damage to the vehicle.;
   92         (6) Fraudulently alter any customer contract, estimate,
   93  invoice, or other document.;
   94         (7) Fraudulently misuse any customer’s credit card.;
   95         (8) Make or authorize in any manner or by any means
   96  whatever any written or oral statement which is untrue,
   97  deceptive or misleading, and which is known, or which by the
   98  exercise of reasonable care should be known, to be untrue,
   99  deceptive or misleading.;
  100         (9) Make false promises of a character likely to influence,
  101  persuade, or induce a customer to authorize the repair, service,
  102  or maintenance of a motor vehicle.;
  103         (10) Substitute used, rebuilt, salvaged, or straightened
  104  parts for new replacement parts without notice to the motor
  105  vehicle owner and to her or his insurer if the cost of repair is
  106  to be paid pursuant to an insurance policy and the identity of
  107  the insurer or its claims adjuster is disclosed to the motor
  108  vehicle repair shop.;
  109         (11) Cause or allow a customer to sign any work order that
  110  does not state the repairs requested by the customer or the
  111  automobile’s odometer reading at the time of repair.;
  112         (12) Fail or refuse to give to a customer a copy of any
  113  document requiring the customer’s signature upon completion or
  114  cancellation of the repair work.;
  115         (13) Willfully depart from or disregard accepted practices
  116  and professional standards.;
  117         (14) Have repair work subcontracted without the knowledge
  118  or consent of the customer unless the motor vehicle repair shop
  119  or employee thereof demonstrates that the customer could not
  120  reasonably have been notified.;
  121         (15) Conduct the business of motor vehicle repair in a
  122  location other than that stated on the registration
  123  certificate.;
  124         (16) Rebuild or restore a rebuilt vehicle without the
  125  knowledge of the owner in such a manner that it does not conform
  126  to the original vehicle manufacturer’s established repair
  127  procedures or specifications and allowable tolerances for the
  128  particular model and year.; or
  129         (17) Perform any other act that is a violation of this part
  130  or that constitutes fraud or misrepresentation.
  131         (18)Violate any provision of s. 713.585.
  132         Section 3. Subsections (1) through (4), (9), and (13) of
  133  section 713.585, Florida Statutes, are amended, and subsections
  134  (14) through (18) are added to that section, to read:
  135         713.585 Enforcement of lien by sale of motor vehicle.—A
  136  person claiming a lien under s. 713.58 for performing labor or
  137  services on a motor vehicle may enforce such lien by sale of the
  138  vehicle in accordance with the following procedures:
  139         (1) The lienor or the lienor’s agent must give notice of
  140  the lien, by certified mail, return receipt requested, within 7
  141  business days, excluding Saturday and Sunday, from the beginning
  142  date of the assessment of storage charges on said motor vehicle,
  143  to the registered owner of the vehicle, to the customer as
  144  indicated on the order for repair, and to all other persons
  145  claiming an interest therein in or lien thereon, as disclosed by
  146  the records of the Department of Highway Safety and Motor
  147  Vehicles or as disclosed by the records of any corresponding
  148  agency of any other state in which the vehicle is identified
  149  through a records check of the National Motor Vehicle Title
  150  Information System or an equivalent commercially available
  151  system as being the current state where the vehicle is titled.
  152  Such notice must contain:
  153         (a)Be sent to the registered owner, the customer, and all
  154  other persons claiming an interest therein or lien thereon
  155  within 7 business days, excluding Saturday and Sunday, after the
  156  date on which storage charges begin to accrue on the vehicle.
  157  However, in no event shall the notice of lien be sent less than
  158  30 days before the sale of the motor vehicle.
  159         (b)Be sent by certified mail, return receipt requested,
  160  with the vehicle identification number of the motor vehicle
  161  subject to the lien clearly printed in the delivery address box
  162  or section of the return receipt card; on the outside of the
  163  envelope sent to the registered owner, the customer, and all
  164  other persons claiming an interest therein or lien thereon; and
  165  on the electronic image of the return receipt card available on
  166  the United States Postal Service website.
  167         (c)(a)Contain a description of the vehicle, including, at
  168  minimum, its year, make, vehicle identification number, and the
  169  vehicle’s location.
  170         (d)(b)Contain the name and address of the owner of the
  171  vehicle, the customer as indicated on the order for repair, and
  172  any person claiming an interest therein in or lien thereon.
  173         (e)(c)Contain the name, address, and telephone number of
  174  the lienor.
  175         (f)(d)Contain notice that the lienor claims a lien on the
  176  vehicle for labor and services performed and storage charges, if
  177  any, and the cash sum which, if paid to the lienor, would be
  178  sufficient to redeem the vehicle from the lien claimed by the
  179  lienor.
  180         (g)Contain the motor vehicle repair shop’s registration
  181  number, owner’s name, and physical address and the entity name,
  182  as registered with the Division of Corporations, of the business
  183  where the repair work or storage occurred, which must also
  184  appear on the outside of the envelope sent to the registered
  185  owner, the customer, and all other persons claiming an interest
  186  in or lien on the vehicle.
  187         (h)Contain the name of the person or entity that
  188  authorized the labor or services on the vehicle.
  189         (i)Contain an itemized statement of the amount claimed to
  190  be owed to the lienor, including the date the vehicle was
  191  dropped off for repairs; the date the repairs were completed;
  192  the amount due for repairs, adjustments, or modifications to the
  193  vehicle; any administrative fees; and any daily storage charges.
  194         (j)(e)Contain notice that the lien claimed by the lienor
  195  is subject to enforcement pursuant to this section and that the
  196  vehicle may be sold to satisfy the lien.
  197         (k)(f)Contain If known, the date, time, and location of
  198  any proposed or scheduled sale of the vehicle. A vehicle may not
  199  be sold earlier than 60 days after completion of the repair
  200  work.
  201         (l)(g)Contain notice that the owner of the vehicle or any
  202  person claiming an interest therein in or lien thereon has a
  203  right to a hearing at any time before the scheduled date of sale
  204  by filing a demand for hearing with the clerk of the circuit
  205  court in the county in which the vehicle is held and mailing
  206  copies of the demand for hearing to all other owners and lienors
  207  as reflected on the notice.
  208         (m)(h)Contain notice that the owner of the vehicle has a
  209  right to recover possession of the vehicle without instituting
  210  judicial proceedings by posting bond in accordance with s.
  211  559.917.
  212         (n)(i)Contain notice that any proceeds from the sale of
  213  the vehicle remaining after payment of the amount claimed to be
  214  due and owing to the lienor will be deposited with the clerk of
  215  the circuit court for disposition upon court order pursuant to
  216  subsection (8).
  217         (o)(j)Contain notice that a lienholder, if any, has the
  218  right, as specified in subsection (5), to demand a hearing or to
  219  post a bond.
  220         (p)Contain a statement that the lienor will make the
  221  vehicle available for inspection during regular business hours
  222  within 3 business days after receiving a written request to
  223  inspect the vehicle from a notice recipient, who may present
  224  either an electronic or a paper title as evidence of his or her
  225  interest in and right to inspect the vehicle.
  226         (q)Contain the address at which the vehicle is physically
  227  located.
  228         (2) If attempts to locate the owner or lienholder are
  229  unsuccessful after a check of the records of the Department of
  230  Highway Safety and Motor Vehicles and any state disclosed by the
  231  check of the National Motor Vehicle Title Information System or
  232  an equivalent commercially available system, the lienor must
  233  notify the local law enforcement agency in writing by certified
  234  mail or acknowledged hand delivery that the lienor has been
  235  unable to locate the owner or lienholder, that a physical search
  236  of the vehicle has disclosed no ownership information, and that
  237  a good faith effort, including records checks of the Department
  238  of Highway Safety and Motor Vehicles database and the National
  239  Motor Vehicle Title Information System or an equivalent
  240  commercially available system, has been made. A description of
  241  the motor vehicle which includes the year, make, and
  242  identification number must be given on the notice. This
  243  notification must take place within 7 business days, excluding
  244  Saturday and Sunday, after from the beginning date on which of
  245  the assessment of storage charges begin to accrue on the said
  246  motor vehicle. For purposes of this subsection paragraph, the
  247  term “good faith effort” means that the following checks have
  248  been performed by the company to establish the prior state of
  249  registration and title:
  250         (a) A check of the department’s Department of Highway
  251  Safety and Motor Vehicles database for the owner and any
  252  lienholder.;
  253         (b) A check of the federally mandated electronic National
  254  Motor Vehicle Title Information System or an equivalent
  255  commercially available system to determine the state of
  256  registration when there is not a current title or registration
  257  record for the vehicle on file with the department. of Highway
  258  Safety and Motor Vehicles;
  259         (c) A check of the vehicle for any type of tag, tag record,
  260  temporary tag, or regular tag.;
  261         (d) A check of the vehicle for an inspection sticker or
  262  other stickers and decals that could indicate the state of
  263  possible registration.; and
  264         (e) A check of the interior of the vehicle for any papers
  265  that could be in the glove box, trunk, or other areas for the
  266  state of registration.
  267         (3) A vehicle may not be sold earlier than 60 days after
  268  completion of the repair work. If the date of the sale was not
  269  included in the notice of lien required in subsection (1),
  270  notice of the sale must be sent by certified mail, return
  271  receipt requested, at least not less than 15 days before the
  272  date of sale, to the customer as indicated on the order for
  273  repair, and to all other persons claiming an interest in or lien
  274  on the motor vehicle, as disclosed by the records of the
  275  Department of Highway Safety and Motor Vehicles or of a
  276  corresponding agency of any other state in which the vehicle
  277  appears to have been registered after completion of a check of
  278  the National Motor Vehicle Title Information System or an
  279  equivalent commercially available system. Such notice must:
  280         (a)Be sent by certified mail, return receipt requested,
  281  with the vehicle identification number of the motor vehicle
  282  subject to the sale clearly identified and printed in the
  283  delivery address box or section of the return receipt card and
  284  on the outside of the envelope sent to the registered owner, the
  285  customer, and all other persons claiming an interest therein or
  286  lien thereon and clearly visible on the electronic image of the
  287  return receipt card available on the United States Postal
  288  Service website.
  289         (b)Contain the motor vehicle repair shop’s registration
  290  number, owner’s name, and physical address and the entity name,
  291  as registered with the Division of Corporations, of the business
  292  where the repair work or storage occurred, which must also
  293  appear on the outside of the envelope containing the notice of
  294  sale in the return address section of 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 the sale
  299  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), and a copy of all
  304  return receipts receipt for mailing of the notices notice
  305  required by this section, which must include proof of
  306  publication, and checks of the Department of Highway Safety and
  307  Motor Vehicles and the National Motor Vehicle Title Information
  308  System or an equivalent commercially available system, must be
  309  duly and expeditiously filed with the clerk of the circuit court
  310  in the county where the vehicle is held. The lienor, at the time
  311  of filing the certificate of compliance, must pay to the clerk
  312  of that court a service charge of $10 for indexing and recording
  313  the certificate.
  314         (9)(a) A copy of the certificate of compliance, which must
  315  include the vehicle identification number, and the report of
  316  sale, certified by the clerk of the court, a copy of the notice
  317  of lien required by subsection (1) and the notice of sale
  318  required by subsection (3), and a copy of all return receipts
  319  for mailing of the notices required by this section, and proof
  320  of the required check of the National Motor Vehicle Title
  321  Information System or an equivalent commercially available
  322  system shall constitute satisfactory proof for application to
  323  the Department of Highway Safety and Motor Vehicles for transfer
  324  of title, together with any other proof required by any rules
  325  and regulations of the department.
  326         (b)The Department of Highway Safety and Motor Vehicles may
  327  not approve an application for transfer of title if the
  328  application fails to include a copy of the notice of lien
  329  required by subsection (1) and the notice of sale required by
  330  subsection (3) and a copy of all return receipts for mailing of
  331  the notices. The vehicle identification number on the return
  332  receipts must match the vehicle identification number of the
  333  vehicle that is the subject of the transfer of title and must be
  334  clearly visible on the electronic image of the return receipt
  335  card available on the United States Postal Service website.
  336         (13) A failure to make good faith efforts as defined in
  337  subsection (2) precludes the imposition of any storage charges
  338  against the vehicle. If a lienor fails to provide notice to any
  339  person claiming a lien on a vehicle under subsection (1) within
  340  7 business days after the date assessment of storage of the
  341  vehicle charges has begun, then the lienor may not charge the
  342  person is precluded from charging for more than 7 days of
  343  storage, but such failure to provide timely notice does not
  344  affect charges made for repairs, adjustments, or modifications
  345  to the vehicle or the priority of liens on the vehicle.
  346         (14)At any time before the proposed or scheduled date of
  347  sale of a vehicle, the owner, the customer, or a person claiming
  348  an interest therein or lien thereon may request to inspect the
  349  vehicle. The lienor must make the vehicle available for
  350  inspection during regular business hours within 3 business days
  351  after receiving a written request to inspect the vehicle.
  352         (15)(a)A lienor or the lienor’s agent may charge an
  353  administrative fee to the registered owner, the insurance
  354  company insuring the vehicle, or a person of record claiming a
  355  lien against the vehicle to obtain release of the vehicle. Such
  356  administrative fee may not exceed $250. For purposes of this
  357  paragraph, the term “administrative fee” means a lien fee or any
  358  fee imposed by the lienor or the lienor’s agent for
  359  administrative costs added to the amount due for storage,
  360  repairs, adjustments, or modifications to the vehicle.
  361         (b)A lienor or the lienor’s agent may not charge fees or
  362  costs, other than those authorized in this section, that exceed
  363  $250.
  364         (16)A motor vehicle or vessel repair shop; garage;
  365  automotive service, storage, or parking place; or towing-storage
  366  operator must use a third-party service approved by the
  367  Department of Highway Safety and Motor Vehicles to transmit all
  368  notices required by this section. If there are no third-party
  369  services approved by the department, a lienor may mail the
  370  notices and must provide evidence of compliance with this
  371  section upon submission of an application for certificate of
  372  title or certificate of destruction.
  373         (a)For purposes of this subsection, the term “third-party
  374  service” means a qualified business entity that, upon a request
  375  submitted through a website by a motor vehicle or vessel repair
  376  shop, towing-storage operator, garage, or automotive service,
  377  storage, or parking place:
  378         1.Accesses the National Motor Vehicle Title Information
  379  System records to obtain the last state of record of the
  380  vehicle.
  381         2.Accesses the owner, lienholder, and insurer information,
  382  as applicable, for a vehicle or vessel from the Department of
  383  Highway Safety and Motor Vehicles.
  384         3.Electronically generates the notice required of the
  385  motor vehicle or vessel repair shop, towing-storage operator,
  386  garage, or automotive service, storage, or parking place by this
  387  section through the website.
  388         4.Prints and sends the notice required under this section
  389  to any owner, lienholder, and insurer of record by certified
  390  mail.
  391         5. Electronically returns tracking information or other
  392  proof of mailing and delivery of the notices to the motor
  393  vehicle or vessel repair shop, towing-storage operator, garage,
  394  or automotive service, storage, or parking place.
  395         6.Electronically reports to the Department of Highway
  396  Safety and Motor Vehicles via an electronic data exchange
  397  process using a web interface the following information related
  398  to the towing-storage notice, as applicable:
  399         a.The vehicle identification number or vessel hull
  400  identification number;
  401         b.The license plate number;
  402         c.The name and address of the towing-storage operator or
  403  lienor;
  404         d.The physical location of the vehicle;
  405         e.The date of the tow;
  406         f.The amount of storage fees owed at the time of the
  407  notice; and
  408         g.The date the notices were mailed and delivered.
  409         (b)A third-party service must apply to the department and
  410  be approved by the department in order to provide notices under
  411  this section. The department shall prescribe the format for such
  412  applications. The department may approve a third-party service
  413  applicant as qualified to provide the services described in
  414  paragraph (a) based upon the following:
  415         1.Providing the department a $1 million bond;
  416         2.Submitting an acceptable Internal Control and Data
  417  Security Audit (Level 2) or equivalent from a licensed certified
  418  public accountant; and
  419         3.Successfully demonstrating the ability to electronically
  420  provide required data to the department via an electronic data
  421  exchange process using a web interface.
  422         (c)The department may deny, suspend, or revoke approval of
  423  a third-party service if the department determines that the
  424  third-party service has committed an act of fraud or
  425  misrepresentation related to a notice required by this section.
  426         (d)A third-party service must maintain all records related
  427  to providing notices under this section for 5 years and allow
  428  the department to inspect and copy such records upon request.
  429  The records may be maintained in electronic format.
  430         (e)A third-party service must annually provide the
  431  department with evidence that it maintains a $1 million bond and
  432  must submit an Internal Control and Data Security Audit (Level
  433  2) or equivalent from a licensed certified public accountant
  434  annually to continue its approved status each year.
  435         (f)A third-party service must maintain a publicly
  436  available website that allows an owner, registrant, lienholder,
  437  insurance company, or any agent thereof to search for notices
  438  sent pursuant to this section. The search results must return
  439  the same information provided to the department, excluding any
  440  personal identifying information.
  441         (17)A lienor must release to the owner, lienholder, or
  442  agent thereof all of the personal property found in but not
  443  affixed to the vehicle. Upon payment of the charges owed, the
  444  lienor must release the vehicle to the paying owner, lienholder,
  445  or agent thereof.
  446         (18)A lienor must accept either an electronic or a paper
  447  title as evidence of a person’s interest in a vehicle.
  448         Section 4. Subsection (4), paragraphs (a) and (b) of
  449  subsection (5), and subsections (6) and (9) of section 713.78,
  450  Florida Statutes, are amended, and subsections (14) through (17)
  451  are added to that section, to read:
  452         713.78 Liens for recovering, towing, or storing vehicles
  453  and vessels.—
  454         (4)(a) A Any person regularly engaged in the business of
  455  recovering, towing, or storing vehicles or vessels who comes
  456  into possession of a vehicle or vessel pursuant to subsection
  457  (2), and who claims a lien for recovery, towing, or storage
  458  services, shall give notice, by certified mail, return receipt
  459  requested, to the registered owner, the insurance company
  460  insuring the vehicle notwithstanding the provisions of s.
  461  627.736, and to all persons claiming a lien thereon, as
  462  disclosed by the records in the Department of Highway Safety and
  463  Motor Vehicles or as disclosed by the records of any
  464  corresponding agency in any other state in which the vehicle is
  465  identified through a records check of the National Motor Vehicle
  466  Title Information System or an equivalent commercially available
  467  system as being titled or registered.
  468         (b) Whenever a any law enforcement agency authorizes the
  469  removal of a vehicle or vessel or whenever a any towing service,
  470  garage, repair shop, or automotive service, storage, or parking
  471  place notifies the law enforcement agency of possession of a
  472  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  473  enforcement agency of the jurisdiction where the vehicle or
  474  vessel is stored shall contact the Department of Highway Safety
  475  and Motor Vehicles, or the appropriate agency of the state of
  476  registration, if known, within 24 hours through the medium of
  477  electronic communications, giving the full description of the
  478  vehicle or vessel. Upon receipt of the full description of the
  479  vehicle or vessel, the department shall search its files to
  480  determine the owner’s name, the insurance company insuring the
  481  vehicle or vessel, and whether any person has filed a lien upon
  482  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  483  notify the applicable law enforcement agency within 72 hours.
  484  The person in charge of the towing service, garage, repair shop,
  485  or automotive service, storage, or parking place shall obtain
  486  such information from the applicable law enforcement agency
  487  within 5 days after the date of storage and shall give notice
  488  pursuant to paragraph (a). The department may release the
  489  insurance company information to the requestor notwithstanding
  490  the provisions of s. 627.736.
  491         (c) The notice of lien must be sent by certified mail,
  492  return receipt requested, to the registered owner, the insurance
  493  company insuring the vehicle notwithstanding s. 627.736, and all
  494  other persons claiming a lien thereon shall be sent within 7
  495  business days, excluding Saturday and Sunday, after the date of
  496  storage of the vehicle or vessel. However, in no event shall the
  497  notice of lien be sent less than 15 days before the sale of to
  498  the registered owner, the insurance company insuring the vehicle
  499  notwithstanding the provisions of s. 627.736, and all persons of
  500  record claiming a lien against the vehicle or vessel. The notice
  501  must state:
  502         1.If the claim of lien is for a vehicle, the vehicle
  503  identification number of the vehicle subject to the lien clearly
  504  printed in the delivery address box or section of the return
  505  receipt card; on the outside of the envelope sent to the
  506  registered owner and all other persons claiming an interest
  507  therein or lien thereon; and on the electronic image of the
  508  return receipt card available on the United States Postal
  509  Service website.
  510         2.The name, physical address, and telephone number of the
  511  lienor, and the entity name, as registered with the Division of
  512  Corporations, of the business where the towing and storage
  513  occurred, which must also appear on the outside of the envelope
  514  sent to the registered owner and all other persons claiming an
  515  interest in or lien on the vehicle or vessel.
  516         3.It shall state The fact of possession of the vehicle or
  517  vessel.
  518         4.The name of the person or entity that authorized the
  519  lienor to take possession of the vehicle or vessel.,
  520         5. That a lien as provided in subsection (2) is claimed.,
  521         6. That charges have accrued and include an itemized
  522  statement of the amount thereof.,
  523         7. That the lien is subject to enforcement under pursuant
  524  to law, and that the owner or lienholder, if any, has the right
  525  to a hearing as set forth in subsection (5)., and
  526         8. That any vehicle or vessel that which remains unclaimed,
  527  or for which the charges for recovery, towing, or storage
  528  services remain unpaid, may be sold free of all prior liens
  529  after 35 days after the vehicle or vessel is stored by the
  530  lienor if the vehicle or vessel is more than 3 years of age or
  531  after 50 days after the vehicle or vessel is stored by the
  532  lienor if the vehicle or vessel is 3 years of age or less.
  533         9.The address at which the vehicle or vessel is physically
  534  located.
  535         (d)The notice of lien may not be sent to the registered
  536  owner, the insurance company insuring the vehicle or vessel, and
  537  all other persons claiming a lien thereon less than 15 days
  538  before the sale of the vehicle or vessel.
  539         (e)(d) If attempts to locate the name and address of the
  540  owner or lienholder prove unsuccessful, the towing-storage
  541  operator shall, after 7 business working days, excluding
  542  Saturday and Sunday, after of the initial tow or storage, notify
  543  the public agency of jurisdiction where the vehicle or vessel is
  544  stored in writing by certified mail or acknowledged hand
  545  delivery that the towing-storage company has been unable to
  546  locate the name and address of the owner or lienholder and a
  547  physical search of the vehicle or vessel has disclosed no
  548  ownership information and a good faith effort has been made,
  549  including records checks of the Department of Highway Safety and
  550  Motor Vehicles database and the National Motor Vehicle Title
  551  Information System or an equivalent commercially available
  552  system. For purposes of this paragraph and subsection (9), the
  553  term “good faith effort” means that the following checks have
  554  been performed by the company to establish the prior state of
  555  registration and for title:
  556         1. A check of the department’s Department of Highway Safety
  557  and Motor Vehicles database for the owner and any lienholder.
  558         2. A check of the electronic National Motor Vehicle Title
  559  Information System or an equivalent commercially available
  560  system to determine the state of registration when there is not
  561  a current registration record for the vehicle or vessel on file
  562  with the department of Highway Safety and Motor Vehicles.
  563         3. A check of the vehicle or vessel for any type of tag,
  564  tag record, temporary tag, or regular tag.
  565         4. A check of the law enforcement report for a tag number
  566  or other information identifying the vehicle or vessel, if the
  567  vehicle or vessel was towed at the request of a law enforcement
  568  officer.
  569         5. A check of the trip sheet or tow ticket of the tow truck
  570  operator to determine whether see if a tag was on the vehicle or
  571  vessel at the beginning of the tow, if a private tow.
  572         6. If there is no address of the owner on the impound
  573  report, a check of the law enforcement report to determine
  574  whether see if an out-of-state address is indicated from driver
  575  license information.
  576         7. A check of the vehicle or vessel for an inspection
  577  sticker or other stickers and decals that may indicate a state
  578  of possible registration.
  579         8. A check of the interior of the vehicle or vessel for any
  580  papers that may be in the glove box, trunk, or other areas for a
  581  state of registration.
  582         9. A check of the vehicle for a vehicle identification
  583  number.
  584         10. A check of the vessel for a vessel registration number.
  585         11. A check of the vessel hull for a hull identification
  586  number which should be carved, burned, stamped, embossed, or
  587  otherwise permanently affixed to the outboard side of the
  588  transom or, if there is no transom, to the outmost seaboard side
  589  at the end of the hull that bears the rudder or other steering
  590  mechanism.
  591         (5)(a) The owner of a vehicle or vessel removed pursuant to
  592  the provisions of subsection (2), or any person claiming a lien,
  593  other than the towing-storage operator, within 10 days after the
  594  time she or he has knowledge of the location of the vehicle or
  595  vessel, may file a complaint in the county court of the county
  596  in which the vehicle or vessel is stored to determine whether if
  597  her or his property was wrongfully taken or withheld from her or
  598  him.
  599         (b) At any time before the sale of the vehicle or vessel
  600  Upon filing of a complaint, an owner or lienholder may have her
  601  or his vehicle or vessel released upon posting with the court a
  602  cash or surety bond or other adequate security equal to the
  603  amount of the charges for towing or storage and lot rental
  604  amount to ensure the payment of such charges in the event she or
  605  he does not prevail. Upon the posting of the bond and the
  606  payment of the applicable fee set forth in s. 28.24, the clerk
  607  of the court shall issue a certificate notifying the lienor of
  608  the posting of the bond and directing the lienor to release the
  609  vehicle or vessel. At the time of such release, after reasonable
  610  inspection, she or he shall give a receipt to the towing-storage
  611  company reciting any claims she or he has for loss or damage to
  612  the vehicle or vessel or the contents thereof.
  613         (6) A Any vehicle or vessel that which is stored pursuant
  614  to subsection (2) and which remains unclaimed, or for which
  615  reasonable charges for recovery, towing, or storing remain
  616  unpaid, and any contents not released pursuant to subsection
  617  (10), may be sold by the owner or operator of the storage space
  618  for such towing or storage charge after 35 days after from the
  619  time the vehicle or vessel is stored by the lienor therein if
  620  the vehicle or vessel is more than 3 years of age or after 50
  621  days after following the time the vehicle or vessel is stored by
  622  the lienor therein if the vehicle or vessel is 3 years of age or
  623  less. The sale shall be at public sale for cash. If the date of
  624  the sale was not included in the notice required in subsection
  625  (4), notice of the sale shall be given to the person in whose
  626  name the vehicle or vessel is registered and to all persons
  627  claiming a lien on the vehicle or vessel as shown on the records
  628  of the Department of Highway Safety and Motor Vehicles or of any
  629  corresponding agency in any other state in which the vehicle is
  630  identified through a records check of the National Motor Vehicle
  631  Title Information System or an equivalent commercially available
  632  system as being titled. Notice of the sale must shall be sent by
  633  certified mail, return receipt requested. If the claim of lien
  634  is for a vehicle, the notice must have clearly identified and
  635  printed the vehicle identification number of the motor vehicle
  636  subject to the lien in the delivery address box or section of
  637  the return receipt card; on the outside of the envelope sent to
  638  the registered owner and all other persons claiming an interest
  639  therein or lien thereon; and on the electronic image of the
  640  return receipt card available on the United States Postal
  641  Service website. The notice must be sent to the owner of the
  642  vehicle or vessel and the person having the recorded lien on the
  643  vehicle or vessel at the address shown on the records of the
  644  registering agency at least and shall be mailed not less than 15
  645  days before the sale of the vehicle or vessel date of the sale.
  646  The notice must state the name, physical address, and telephone
  647  number of the lienor, and the vehicle identification number if
  648  the claim of lien is for a vehicle, all of which must also
  649  appear on the outside of the envelope containing the notice of
  650  sale in the return address section of the envelope. After
  651  diligent search and inquiry, if the name and address of the
  652  registered owner or the owner of the recorded lien cannot be
  653  ascertained, the requirements of notice by mail may be dispensed
  654  with. In addition to the notice by mail, public notice of the
  655  time and place of sale shall be made by publishing a notice
  656  thereof one time, at least 10 days before prior to the date of
  657  the sale, in a newspaper of general circulation in the county in
  658  which the sale is to be held. The proceeds of the sale, after
  659  payment of reasonable towing and storage charges, and costs of
  660  the sale, in that order of priority, shall be deposited with the
  661  clerk of the circuit court for the county if the owner or
  662  lienholder is absent, and the clerk shall hold such proceeds
  663  subject to the claim of the owner or lienholder legally entitled
  664  thereto. The clerk shall be entitled to receive 5 percent of
  665  such proceeds for the care and disbursement thereof. The
  666  certificate of title issued under this law shall be discharged
  667  of all liens unless otherwise provided by court order. The owner
  668  or lienholder may file a complaint after the vehicle or vessel
  669  has been sold in the county court of the county in which it is
  670  stored. Upon determining the respective rights of the parties,
  671  the court may award damages, attorney attorney’s fees, and costs
  672  in favor of the prevailing party.
  673         (9) Failure to make good faith best efforts to comply with
  674  the notice requirements of this section precludes shall preclude
  675  the imposition of any storage charges against the such vehicle
  676  or vessel. If a lienor fails to provide notice to a person
  677  claiming a lien on a vehicle or vessel in accordance with
  678  subsection (4), the lienor may not charge the person for more
  679  than 7 days of storage, but such failure does not affect charges
  680  made for towing the vehicle or vessel or the priority of liens
  681  on the vehicle or vessel.
  682         (14)(a)A copy of the notice of lien required by subsection
  683  (4) and the notice of sale required by subsection (6), and a
  684  copy of all return receipts for mailing of the notices required
  685  by this section, which must include the vehicle identification
  686  number, and proof of the required check of the National Motor
  687  Vehicle Title Information System or an equivalent commercially
  688  available system shall constitute satisfactory proof for
  689  application to the Department of Highway Safety and Motor
  690  Vehicles for transfer of title, together with any other proof
  691  required by any rules and regulations of the department.
  692         (b)The Department of Highway Safety and Motor Vehicles may
  693  not approve an application for transfer of title if the
  694  application fails to include a copy of the notice of lien
  695  required by subsection (4) and the notice of sale required by
  696  subsection (6) and a copy of all return receipts for mailing of
  697  the notices required by this section. The vehicle identification
  698  number on the return receipts must match the vehicle
  699  identification number of the vehicle that is the subject of the
  700  transfer of title and must be clearly visible on the electronic
  701  image of the return receipt card available on the United States
  702  Postal Service website.
  703         (15)(a)A lienor or the lienor’s agent may charge an
  704  administrative fee to the registered owner, the insurance
  705  company insuring the vehicle or vessel, or a person claiming a
  706  lien against the vehicle or vessel to obtain release of the
  707  vehicle or vessel. Such administrative fee may not exceed $250.
  708  For purposes of this paragraph, the term “administrative fee”
  709  means a lien fee or any fee imposed by the lienor or the
  710  lienor’s agent for administrative costs added to the amount due
  711  for towing and storing the vehicle or vessel.
  712         (b)A lienor or the lienor’s agent may not charge fees or
  713  costs, other than those authorized in this section or ss.
  714  125.0103 and 166.043, that exceed $250.
  715         (16)A motor vehicle or vessel repair shop; garage;
  716  automotive service, storage, or parking place; or towing-storage
  717  operator must use a third-party service approved by the
  718  Department of Highway Safety and Motor Vehicles to transmit all
  719  notices required by this section. If there are no third-party
  720  services approved by the department, a lienor may mail the
  721  notices and must provide evidence of compliance with this
  722  section upon submission of an application for certificate of
  723  title or certificate of destruction.
  724         (a)For purposes of this subsection, the term “third-party
  725  service” means a qualified business entity that, upon a request
  726  submitted through a website by a motor vehicle or vessel repair
  727  shop, towing-storage operator, garage, or automotive service,
  728  storage, or parking place:
  729         1.Accesses the National Motor Vehicle Title Information
  730  System records to obtain the last state of record of the
  731  vehicle.
  732         2.Accesses the owner, lienholder, and insurer information,
  733  as applicable, for a vehicle or vessel from the Department of
  734  Highway Safety and Motor Vehicles.
  735         3.Electronically generates the notice required of the
  736  motor vehicle or vessel repair shop, towing-storage operator,
  737  garage, or automotive service, storage, or parking place by this
  738  section through the website.
  739         4.Prints and sends the notice required under this section
  740  to any owner, lienholder, and insurer of record by certified
  741  mail.
  742         5. Electronically returns tracking information or other
  743  proof of mailing and delivery of the notices to the motor
  744  vehicle or vessel repair shop, towing-storage operator, garage,
  745  or automotive service, storage, or parking place.
  746         6.Electronically reports to the Department of Highway
  747  Safety and Motor Vehicles via an electronic data exchange
  748  process using a web interface the following information related
  749  to the repair and storage notice, as applicable:
  750         a.The vehicle identification number or vessel hull
  751  identification number;
  752         b.The license plate number;
  753         c.The name and address of the repair shop or lienor;
  754         d.The physical location of the vehicle or vessel;
  755         e.The date the vehicle or vessel was dropped off for
  756  repairs;
  757         f.The date the repairs were completed;
  758         g.The amount owed for the repairs;
  759         h.The date of the assessment of storage charges;
  760         i.The amount of storage fees at the time of the notice;
  761  and
  762         j.The date the notices were mailed and delivered.
  763         (b)A third-party service must apply to the department and
  764  be approved by the department in order to provide notices under
  765  this section. The department shall prescribe the format for such
  766  applications. The department may approve a third-party service
  767  applicant as qualified to provide the services described in
  768  paragraph (a) based upon the following:
  769         1.Providing the department a $1 million bond;
  770         2.Submitting an acceptable Internal Control and Data
  771  Security Audit (Level 2) or equivalent from a licensed certified
  772  public accountant; and
  773         3.Successfully demonstrating the ability to electronically
  774  provide required data to the department via an electronic data
  775  exchange process using a web interface.
  776         (c)The department may deny, suspend, or revoke approval of
  777  a third-party service if the department determines that the
  778  third-party service has committed an act of fraud or
  779  misrepresentation related to a notice required by this section.
  780         (d)A third-party service must maintain all records related
  781  to providing notices under this section for 5 years and allow
  782  the department to inspect and copy such records upon request.
  783  The records may be maintained in electronic format.
  784         (e)A third-party service must annually provide the
  785  department with evidence that it maintains a $1 million bond and
  786  must submit an Internal Control and Data Security Audit (Level
  787  2) or equivalent from a currently licensed certified public
  788  accountant annually to continue its approved status each year.
  789         (f)A third-party service must maintain a publicly
  790  available website that allows an owner, registrant, lienholder,
  791  insurance company, or any agent thereof to search for notices
  792  sent pursuant to this section. The search results must return
  793  the same information provided to the department, excluding any
  794  personal identifying information.
  795         (17)A lienor must accept either an electronic or a paper
  796  title as evidence of a person’s interest in a vehicle or vessel.
  797         Section 5. This act shall take effect January 1, 2020.
  798  
  799  ================= T I T L E  A M E N D M E N T ================
  800  And the title is amended as follows:
  801         Delete everything before the enacting clause
  802  and insert:
  803                        A bill to be entitled                      
  804         An act relating to liens against motor vehicles and
  805         vessels; amending s. 559.917, F.S.; authorizing a
  806         person claiming a lien against a motor vehicle to
  807         obtain the release of the vehicle from a lien claimed
  808         by a motor vehicle repair shop under certain
  809         circumstances; amending s. 559.920, F.S.; prohibiting
  810         a motor vehicle repair shop from violating certain
  811         provisions; amending s. 713.585, F.S.; revising notice
  812         requirements for enforcing a lien by sale of a motor
  813         vehicle; revising requirements for notice of lien and
  814         notice of sale of a motor vehicle; requiring the
  815         lienor to make the motor vehicle available for
  816         inspection by notice recipients; revising requirements
  817         for transfer of title; authorizing a lienor to charge
  818         an administrative fee up to a certain amount; defining
  819         the term “administrative fee”; requiring a lienor to
  820         use a third-party service to provide notices of lien
  821         and sale; providing an exception; defining the term
  822         “third-party service”; establishing qualifications for
  823         approval of third-party services; authorizing the
  824         Department of Highway Safety and Motor Vehicles to
  825         deny, suspend, or revoke approval under certain
  826         circumstances; providing certain recordkeeping
  827         requirements; requiring a third-party service to
  828         annually take certain actions to continue to be
  829         approved; requiring a third-party service to maintain
  830         a website that offers specified information; requiring
  831         a lienor to release certain personal property;
  832         requiring release of the vehicle upon payment of
  833         charges; requiring a lienor to accept an electronic or
  834         paper title as evidence of a person’s interest in a
  835         vehicle; amending s. 713.78, F.S.; revising
  836         requirements for notice of lien for recovering,
  837         towing, or storing a vehicle or vessel; revising
  838         requirements for notice of the sale of such vehicle or
  839         vessel; revising requirements for transfer of title;
  840         authorizing a lienor to charge an administrative fee
  841         up to a certain amount; defining the term
  842         “administrative fee”; requiring a lienor to use a
  843         third-party service to provide notices of lien and
  844         sale; providing an exception; defining the term
  845         “third-party service”; establishing qualifications for
  846         approval of third-party services; authorizing the
  847         department to deny, suspend, or revoke approval under
  848         certain circumstances; providing certain recordkeeping
  849         requirements; requiring a third-party service to
  850         annually take certain actions to continue to be
  851         approved; requiring a third-party service to maintain
  852         a website that offers specified information; requiring
  853         a lienor to accept an electronic or paper title as
  854         evidence of a person’s interest in a vehicle or
  855         vessel; providing an effective date.