Florida Senate - 2019                                     SB 772
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01271-19                                            2019772__
    1                        A bill to be entitled                      
    2         An act relating to liens against motor vehicles and
    3         vessels; amending s. 559.917, F.S.; authorizing a
    4         person claiming a lien against a motor vehicle to
    5         obtain the release of the vehicle from a lien claimed
    6         by a motor vehicle repair shop under certain
    7         circumstances; amending s. 559.920, F.S.; prohibiting
    8         a motor vehicle repair shop from violating certain
    9         provisions; amending s. 713.585, F.S.; revising notice
   10         requirements for enforcing a lien by sale of a motor
   11         vehicle; revising requirements for notice of lien and
   12         notice of sale of a motor vehicle; requiring the
   13         lienor to make the motor vehicle available for
   14         inspection by notice recipients; revising requirements
   15         for transfer of title; authorizing a lienor to charge
   16         an administrative fee up to a certain amount; amending
   17         s. 713.78, F.S.; revising requirements for notice of
   18         lien for recovering, towing, or storing a vehicle or
   19         vessel; revising requirements for notice of the sale
   20         of such vehicle or vessel; revising requirements for
   21         transfer of title; authorizing a lienor to charge an
   22         administrative fee up to a certain amount; providing
   23         an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 559.917, Florida Statutes, is amended to
   28  read:
   29         559.917 Bond to release possessory lien claimed by motor
   30  vehicle repair shop.—
   31         (1)(a) A Any customer, or a person of record claiming a
   32  lien against a motor vehicle, may obtain the release of the her
   33  or his motor vehicle from any lien claimed under part II of
   34  chapter 713 by a motor vehicle repair shop for repair work
   35  performed under a written repair estimate by filing with the
   36  clerk of the court in the circuit in which the disputed
   37  transaction occurred a cash or surety bond, payable to the
   38  person claiming the lien and conditioned for the payment of any
   39  judgment which may be entered on the lien. The bond shall be in
   40  the amount stated on the invoice required by s. 559.911, plus
   41  accrued storage charges, if any, less any amount paid to the
   42  motor vehicle repair shop as indicated on the invoice. The
   43  customer or person shall not be required to institute judicial
   44  proceedings in order to post the bond in the registry of the
   45  court and shall not, nor shall the customer be required to use a
   46  particular form for posting the bond, unless the clerk provides
   47  shall provide such form to the customer or person for filing.
   48  Upon the posting of such bond, the clerk of the court shall
   49  automatically issue a certificate notifying the lienor of the
   50  posting of the bond and directing the lienor to release the
   51  customer’s motor vehicle.
   52         (b) The lienor shall have 60 days to file suit to recover
   53  the bond. The prevailing party in that action may be entitled to
   54  damages plus court costs and reasonable attorney attorney’s
   55  fees. If the lienor fails to file suit within 60 days after the
   56  posting of such bond, the bond shall be discharged.
   57         (2) The failure of a lienor to release or return to the
   58  customer or any person the motor vehicle upon which any lien is
   59  claimed, upon receiving a copy of a certificate giving notice of
   60  the posting of the bond and directing release of the motor
   61  vehicle, shall subject the lienor to judicial proceedings which
   62  may be brought by the customer or person to compel compliance
   63  with the certificate. Whenever a customer or any person brings
   64  an action to compel compliance with the certificate, the
   65  customer or person need only establish that:
   66         (a) Bond in the amount of the invoice, plus accrued storage
   67  charges, if any, less any amount paid to the motor vehicle
   68  repair shop as indicated on the invoice, was posted;
   69         (b) A certificate was issued pursuant to this section;
   70         (c) The motor vehicle repair shop, or any employee or agent
   71  thereof who is authorized to release the motor vehicle, received
   72  a copy of a certificate issued pursuant to this section; and
   73         (d) The motor vehicle repair shop or employee authorized to
   74  release the motor vehicle failed to release the motor vehicle.
   75  
   76  The customer or any person, upon a judgment in her or his favor
   77  in an action brought under this subsection, may be entitled to
   78  damages plus court costs and reasonable attorney attorney’s fees
   79  sustained by her or him by reason of such wrongful detention or
   80  retention. Upon a judgment in favor of the motor vehicle repair
   81  shop, the shop may be entitled to reasonable attorney attorney’s
   82  fees.
   83         (3) A Any motor vehicle repair shop that which, or an any
   84  employee or agent thereof who is authorized to release the motor
   85  vehicle who, upon receiving a copy of a certificate giving
   86  notice of the posting of the bond in the required amount and
   87  directing release of the motor vehicle, fails to release or
   88  return the property to the customer or any person pursuant to
   89  this section commits is guilty of a misdemeanor of the second
   90  degree, punishable as provided in s. 775.082 or s. 775.083.
   91         (4) A Any customer or any person who stops payment on a
   92  credit card charge or a check drawn in favor of a motor vehicle
   93  repair shop on account of an invoice or who fails to post a cash
   94  or surety bond pursuant to this section shall be prohibited from
   95  any recourse under this section with respect to the motor
   96  vehicle repair shop.
   97         Section 2. Section 559.920, Florida Statutes, is amended to
   98  read:
   99         559.920 Unlawful acts and practices.—It shall be a
  100  violation of this act for any motor vehicle repair shop or
  101  employee thereof to do any of the following:
  102         (1) Engage or attempt to engage in repair work for
  103  compensation of any type without first being registered with or
  104  having submitted an affidavit of exemption to the department.;
  105         (2) Make or charge for repairs which have not been
  106  expressly or impliedly authorized by the customer.;
  107         (3) Misrepresent that repairs have been made to a motor
  108  vehicle.;
  109         (4) Misrepresent that certain parts and repairs are
  110  necessary to repair a vehicle.;
  111         (5) Misrepresent that the vehicle being inspected or
  112  diagnosed is in a dangerous condition or that the customer’s
  113  continued use of the vehicle may be harmful or cause great
  114  damage to the vehicle.;
  115         (6) Fraudulently alter any customer contract, estimate,
  116  invoice, or other document.;
  117         (7) Fraudulently misuse any customer’s credit card.;
  118         (8) Make or authorize in any manner or by any means
  119  whatever any written or oral statement which is untrue,
  120  deceptive or misleading, and which is known, or which by the
  121  exercise of reasonable care should be known, to be untrue,
  122  deceptive or misleading.;
  123         (9) Make false promises of a character likely to influence,
  124  persuade, or induce a customer to authorize the repair, service,
  125  or maintenance of a motor vehicle.;
  126         (10) Substitute used, rebuilt, salvaged, or straightened
  127  parts for new replacement parts without notice to the motor
  128  vehicle owner and to her or his insurer if the cost of repair is
  129  to be paid pursuant to an insurance policy and the identity of
  130  the insurer or its claims adjuster is disclosed to the motor
  131  vehicle repair shop.;
  132         (11) Cause or allow a customer to sign any work order that
  133  does not state the repairs requested by the customer or the
  134  automobile’s odometer reading at the time of repair.;
  135         (12) Fail or refuse to give to a customer a copy of any
  136  document requiring the customer’s signature upon completion or
  137  cancellation of the repair work.;
  138         (13) Willfully depart from or disregard accepted practices
  139  and professional standards.;
  140         (14) Have repair work subcontracted without the knowledge
  141  or consent of the customer unless the motor vehicle repair shop
  142  or employee thereof demonstrates that the customer could not
  143  reasonably have been notified.;
  144         (15) Conduct the business of motor vehicle repair in a
  145  location other than that stated on the registration
  146  certificate.;
  147         (16) Rebuild or restore a rebuilt vehicle without the
  148  knowledge of the owner in such a manner that it does not conform
  149  to the original vehicle manufacturer’s established repair
  150  procedures or specifications and allowable tolerances for the
  151  particular model and year.; or
  152         (17) Perform any other act that is a violation of this part
  153  or that constitutes fraud or misrepresentation.
  154         (18)Violate any provision of s. 713.585.
  155         Section 3. Subsections (1) through (4), (9), and (13) of
  156  section 713.585, Florida Statutes, are amended, and subsections
  157  (14) and (15) are added to that section, to read:
  158         713.585 Enforcement of lien by sale of motor vehicle.—A
  159  person claiming a lien under s. 713.58 for performing labor or
  160  services on a motor vehicle may enforce such lien by sale of the
  161  vehicle in accordance with the following procedures:
  162         (1) Regardless of whether the lienor intends to collect
  163  storage fees, the lienor or the lienor’s agent or designee must
  164  give notice of the lien, by certified mail, return receipt
  165  requested, within 7 business days, excluding Saturday and
  166  Sunday, from the beginning date of the assessment of storage
  167  charges on said motor vehicle, to the registered owner of the
  168  vehicle, to the customer as indicated on the order for repair,
  169  and to all other persons claiming an interest therein in or lien
  170  thereon, as disclosed by the records of the Department of
  171  Highway Safety and Motor Vehicles or as disclosed by the records
  172  of any corresponding agency of any other state in which the
  173  vehicle is identified through a records check of the National
  174  Motor Vehicle Title Information System or an equivalent
  175  commercially available system as being the current state where
  176  the vehicle is titled. Such notice must contain:
  177         (a)Be received by the registered owner, the customer, and
  178  all other persons claiming an interest therein or lien thereon
  179  within 7 business days, excluding Saturday and Sunday, after the
  180  date of storage of the vehicle or within 10 business days,
  181  excluding Saturday and Sunday, after the date of completion of
  182  the repairs, whichever is earlier. However, in no event shall
  183  the notice of lien be received less than 30 days before the sale
  184  of the motor vehicle.
  185         (b)Be sent by certified mail, return receipt requested,
  186  with the vehicle identification number of the motor vehicle
  187  subject to the lien clearly identified and printed in the
  188  delivery address box or section of the return receipt card and
  189  on the outside of the envelope received by the registered owner,
  190  the customer, and all other persons claiming an interest therein
  191  or lien thereon and clearly visible on the electronic image of
  192  the return receipt card available on the United States Postal
  193  Service website.
  194         (c)(a)Contain a description of the vehicle, including, at
  195  minimum, its year, make, vehicle identification number, and the
  196  vehicle’s location.
  197         (d)(b)Contain the name and address of the owner of the
  198  vehicle, the customer as indicated on the order for repair, and
  199  any person claiming an interest therein in or lien thereon.
  200         (e)(c)Contain the name, address, and telephone number of
  201  the lienor.
  202         (f)(d)Contain notice that the lienor claims a lien on the
  203  vehicle for labor and services performed and storage charges, if
  204  any, and the cash sum which, if paid to the lienor, would be
  205  sufficient to redeem the vehicle from the lien claimed by the
  206  lienor.
  207         (g)Contain the motor vehicle repair shop’s registration
  208  number, owner’s name, and physical address and the entity name,
  209  as registered with the Division of Corporations, of the business
  210  where the repair work or storage occurred, which must also
  211  appear on the outside of the envelope containing the notice of
  212  lien in the return address section of the envelope.
  213         (h)Contain the name of the person or entity that
  214  authorized the labor or services on the vehicle.
  215         (i)Contain an itemized statement of the amount claimed to
  216  be owed to the lienor, including the amount for repairs,
  217  adjustments, or modifications to the vehicle, any administrative
  218  fee, and any daily storage charges.
  219         (j)(e)Contain notice that the lien claimed by the lienor
  220  is subject to enforcement pursuant to this section and that the
  221  vehicle may be sold to satisfy the lien.
  222         (k)(f)Contain If known, the date, time, and location of
  223  any proposed or scheduled sale of the vehicle. A vehicle may not
  224  be sold earlier than 60 days after completion of the repair
  225  work.
  226         (l)(g)Contain notice that the owner of the vehicle or any
  227  person claiming an interest therein in or lien thereon has a
  228  right to a hearing at any time before the scheduled date of sale
  229  by filing a demand for hearing with the clerk of the circuit
  230  court in the county in which the vehicle is held and mailing
  231  copies of the demand for hearing to all other owners and lienors
  232  as reflected on the notice.
  233         (m)(h)Contain notice that the owner of the vehicle has a
  234  right to recover possession of the vehicle without instituting
  235  judicial proceedings by posting bond in accordance with s.
  236  559.917.
  237         (n)(i)Contain notice that any proceeds from the sale of
  238  the vehicle remaining after payment of the amount claimed to be
  239  due and owing to the lienor will be deposited with the clerk of
  240  the circuit court for disposition upon court order pursuant to
  241  subsection (8).
  242         (o)(j)Contain notice that a lienholder, if any, has the
  243  right, as specified in subsection (5), to demand a hearing or to
  244  post a bond.
  245         (p)Contain notice that the lienor will make the vehicle
  246  available for inspection during regular business hours within 3
  247  business days after receiving a written request to inspect the
  248  vehicle from any recipient of the notice.
  249         (2) If attempts to locate the owner or lienholder are
  250  unsuccessful after a check of the records of the Department of
  251  Highway Safety and Motor Vehicles and any state disclosed by the
  252  check of the National Motor Vehicle Title Information System or
  253  an equivalent commercially available system, the lienor must
  254  notify the local law enforcement agency in writing by certified
  255  mail or acknowledged hand delivery that the lienor has been
  256  unable to locate the owner or lienholder, that a physical search
  257  of the vehicle has disclosed no ownership information, and that
  258  a good faith effort, including records checks of the Department
  259  of Highway Safety and Motor Vehicles database and the National
  260  Motor Vehicle Title Information System or an equivalent
  261  commercially available system, has been made. A description of
  262  the motor vehicle which includes the year, make, and
  263  identification number must be given on the notice. This
  264  notification must take place within 7 business days, excluding
  265  Saturday and Sunday, after from the beginning date of storage of
  266  the vehicle or within 10 business days, excluding Saturday and
  267  Sunday, after the date of completion of the repairs, whichever
  268  is earlier the assessment of storage charges on said motor
  269  vehicle. For purposes of this subsection paragraph, the term
  270  “good faith effort” means that the following checks have been
  271  performed by the company to establish the prior state of
  272  registration and title:
  273         (a) A check of the Department of Highway Safety and Motor
  274  Vehicles database for the owner and any lienholder.;
  275         (b) A check of the federally mandated electronic National
  276  Motor Vehicle Title Information System or an equivalent
  277  commercially available system to determine the state of
  278  registration when there is not a current title or registration
  279  record for the vehicle on file with the Department of Highway
  280  Safety and Motor Vehicles.;
  281         (c) A check of the vehicle for any type of tag, tag record,
  282  temporary tag, or regular tag.;
  283         (d) A check of the vehicle for an inspection sticker or
  284  other stickers and decals that could indicate the state of
  285  possible registration.; and
  286         (e) A check of the interior of the vehicle for any papers
  287  that could be in the glove box, trunk, or other areas for the
  288  state of registration.
  289         (3) In no event shall a vehicle be sold earlier than 60
  290  days after completion of the repair work. If the date of the
  291  sale was not included in the notice of lien required in
  292  subsection (1), notice of the sale must be sent by certified
  293  mail, return receipt requested, and must be received at least
  294  not less than 15 days before the date of sale by, to the
  295  customer as indicated on the order for repair, and by to all
  296  other persons claiming an interest in or lien on the motor
  297  vehicle, as disclosed by the records of the Department of
  298  Highway Safety and Motor Vehicles or of a corresponding agency
  299  of any other state in which the vehicle appears to have been
  300  registered after completion of a check of the National Motor
  301  Vehicle Title Information System or an equivalent commercially
  302  available system. Such notice must:
  303         (a)Be sent by certified mail, return receipt requested,
  304  with the vehicle identification number of the motor vehicle
  305  subject to the sale clearly identified and printed in the
  306  delivery address box or section of the return receipt card and
  307  on the outside of the envelope received by the registered owner,
  308  the customer, and all other persons claiming an interest therein
  309  or lien thereon and clearly visible on the electronic image of
  310  the return receipt card available on the United States Postal
  311  Service website.
  312         (b)Contain the motor vehicle repair shop’s registration
  313  number, owner’s name, and physical address and the entity name,
  314  as registered with the Division of Corporations, of the business
  315  where the repair work or storage occurred, which must also
  316  appear on the outside of the envelope containing the notice of
  317  sale in the return address section of the envelope.
  318         (4) The lienor, at least 15 days before the proposed or
  319  scheduled date of sale of the vehicle, shall publish the notice
  320  required by this section once in a newspaper circulated in the
  321  county where the vehicle repair work was completed and the sale
  322  is to take place held. A certificate of compliance with the
  323  notification provisions of this section, which includes the
  324  vehicle identification number, verified by the lienor, together
  325  with a copy of the notice of lien required by subsection (1) and
  326  the notice of sale required by subsection (3), and a copy of all
  327  return receipts receipt for mailing of the notices notice
  328  required by this section, which must include the vehicle
  329  identification number, proof of publication, and checks of the
  330  Department of Highway Safety and Motor Vehicles and the National
  331  Motor Vehicle Title Information System or an equivalent
  332  commercially available system, must be duly and expeditiously
  333  filed with the clerk of the circuit court in the county where
  334  the vehicle is held. The lienor, at the time of filing the
  335  certificate of compliance, must pay to the clerk of that court a
  336  service charge of $10 for indexing and recording the
  337  certificate.
  338         (9)(a) A copy of the certificate of compliance, which must
  339  include the vehicle identification number, and the report of
  340  sale, certified by the clerk of the court, a copy of the notice
  341  of lien required by subsection (1) and the notice of sale
  342  required by subsection (3), and a copy of all return receipts
  343  for mailing of the notices required by this section, which must
  344  include the vehicle identification number, and proof of the
  345  required check of the National Motor Vehicle Title Information
  346  System or an equivalent commercially available system shall
  347  constitute satisfactory proof for application to the Department
  348  of Highway Safety and Motor Vehicles for transfer of title,
  349  together with any other proof required by any rules and
  350  regulations of the department.
  351         (b)The Department of Highway Safety and Motor Vehicles may
  352  not approve an application for transfer of title if the
  353  application fails to include a copy of the notice of lien
  354  required by subsection (1) and the notice of sale required by
  355  subsection (3) and a copy of all return receipts for mailing of
  356  the notices required by this section indicating timely receipt
  357  of the notices. The vehicle identification number on the return
  358  receipts must match the vehicle identification number of the
  359  vehicle that is the subject of the transfer of title and must be
  360  clearly visible on the electronic image of the return receipt
  361  card available on the United States Postal Service website.
  362         (13) A failure to make good faith efforts as defined in
  363  subsection (2) precludes the imposition of any storage charges
  364  against the vehicle. If a lienor fails to provide notice to any
  365  person claiming a lien on a vehicle under subsection (1) within
  366  7 business days after the date assessment of storage of the
  367  vehicle charges has begun, then the lienor may not charge the
  368  person is precluded from charging for more than 7 days of
  369  storage, but failure to provide timely notice does not affect
  370  charges made for repairs, adjustments, or modifications to the
  371  vehicle or the priority of liens on the vehicle.
  372         (14)At any time before the proposed or scheduled date of
  373  sale of a vehicle, the owner, the customer, or any person
  374  claiming an interest therein or a lien thereon may request to
  375  inspect the vehicle during regular business hours. The lienor
  376  must make the vehicle available for inspection within 3 business
  377  days after receiving a written request to inspect the vehicle.
  378         (15)(a)A lienor or the lienor’s agent or designee may
  379  charge an administrative fee, which means a lien fee or any fee
  380  imposed by the lienor or the lienor’s agent or designee for
  381  administrative costs added to the amount due for storage,
  382  repairs, adjustments, or modifications to the vehicle, charged
  383  to the registered owner, the insurance company insuring the
  384  vehicle, or a person of record claiming a lien against the
  385  vehicle to obtain release of the vehicle. Such administrative
  386  fee may not exceed $250. A lienor may not charge any fee other
  387  than those specifically authorized in this section.
  388         (b)A lienor or the lienor’s agent or designee may not
  389  charge fees or costs, other than charges for storage, repairs,
  390  adjustments, or modifications to the vehicle, as authorized in
  391  this section, which total more than $250.
  392         Section 4. Subsection (4), paragraphs (a) and (b) of
  393  subsection (5), and subsections (6) and (9) of section 713.78,
  394  Florida Statutes, are amended, and subsections (14) and (15) are
  395  added to that section, to read:
  396         713.78 Liens for recovering, towing, or storing vehicles
  397  and vessels.—
  398         (4)(a) A Any person regularly engaged in the business of
  399  recovering, towing, or storing vehicles or vessels who comes
  400  into possession of a vehicle or vessel pursuant to subsection
  401  (2), and who claims a lien for recovery, towing, or storage
  402  services, shall give notice, by certified mail, return receipt
  403  requested, to the registered owner, the insurance company
  404  insuring the vehicle notwithstanding the provisions of s.
  405  627.736, and to all persons claiming a lien thereon, as
  406  disclosed by the records in the Department of Highway Safety and
  407  Motor Vehicles or as disclosed by the records of any
  408  corresponding agency in any other state in which the vehicle is
  409  identified through a records check of the National Motor Vehicle
  410  Title Information System or an equivalent commercially available
  411  system as being titled or registered.
  412         (b) Whenever a any law enforcement agency authorizes the
  413  removal of a vehicle or vessel or whenever a any towing service,
  414  garage, repair shop, or automotive service, storage, or parking
  415  place notifies the law enforcement agency of possession of a
  416  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  417  enforcement agency of the jurisdiction where the vehicle or
  418  vessel is stored shall contact the Department of Highway Safety
  419  and Motor Vehicles, or the appropriate agency of the state of
  420  registration, if known, within 24 hours through the medium of
  421  electronic communications, giving the full description of the
  422  vehicle or vessel. Upon receipt of the full description of the
  423  vehicle or vessel, the department shall search its files to
  424  determine the owner’s name, the insurance company insuring the
  425  vehicle or vessel, and whether any person has filed a lien upon
  426  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  427  notify the applicable law enforcement agency within 72 hours.
  428  The person in charge of the towing service, garage, repair shop,
  429  or automotive service, storage, or parking place shall obtain
  430  such information from the applicable law enforcement agency
  431  within 5 days after the date of storage and shall give notice
  432  pursuant to paragraph (a). The department may release the
  433  insurance company information to the requestor notwithstanding
  434  the provisions of s. 627.736.
  435         (c) The notice of lien must be sent by certified mail,
  436  return receipt requested, and must be received by the registered
  437  owner, the insurance company insuring the vehicle
  438  notwithstanding s. 627.736, and all other persons claiming a
  439  lien thereon shall be sent within 7 business days, excluding
  440  Saturday and Sunday, after the date of storage of the vehicle or
  441  vessel or within 10 business days, excluding Saturday and
  442  Sunday, after the date of completion of services, whichever is
  443  earlier. However, in no event shall the notice of lien be
  444  received less than 30 days before the sale of to the registered
  445  owner, the insurance company insuring the vehicle
  446  notwithstanding the provisions of s. 627.736, and all persons of
  447  record claiming a lien against the vehicle or vessel. The notice
  448  must:
  449         1.If the claim of lien is for a vehicle, have clearly
  450  identified and printed the vehicle identification number of the
  451  motor vehicle subject to the lien:
  452         a.In the delivery address box or section of the return
  453  receipt card.
  454         b.On the outside of the envelope received by the
  455  registered owner, the insurance company, and all other persons
  456  claiming an interest therein or lien thereon.
  457         c.On the electronic image of the return receipt card
  458  available on the United States Postal Service website.
  459         2.State the name, physical address, and telephone number
  460  of the lienor and the entity name, as registered with the
  461  Division of Corporations, of the business where the towing and
  462  storage occurred, which must also appear on the outside of the
  463  envelope containing the notice of lien in the return address
  464  section of the envelope.
  465         3.It shall State the fact of possession of the vehicle or
  466  vessel.
  467         4.State the name of the person or entity that authorized
  468  the lienor to take possession of the vehicle or vessel.
  469         5.State, that a lien as provided in subsection (2) is
  470  claimed.
  471         6.State, that charges have accrued and include an itemized
  472  statement of the amount thereof, including daily storage
  473  charges.
  474         7.State that the lien is subject to enforcement pursuant
  475  to law, and that the owner or lienholder, if any, has the right
  476  to a hearing as set forth in subsection (5).
  477         8.State, and that any vehicle or vessel that which remains
  478  unclaimed, or for which the charges for recovery, towing, or
  479  storage services remain unpaid, may be sold free of all prior
  480  liens after 35 days after the vehicle or vessel is stored by the
  481  lienor if the vehicle or vessel is more than 3 years of age or
  482  after 50 days after the vehicle or vessel is stored by the
  483  lienor if the vehicle or vessel is 3 years of age or less.
  484         (d)The notice of lien may not be received by the
  485  registered owner, the insurance company insuring the vehicle or
  486  vessel, and all other persons claiming a lien thereon less than
  487  30 days before the sale of the vehicle or vessel.
  488         (e)(d) If attempts to locate the name and address of the
  489  owner or lienholder prove unsuccessful, the towing-storage
  490  operator shall, after 7 business working days, excluding
  491  Saturday and Sunday, after of the initial tow or storage, notify
  492  the public agency of jurisdiction where the vehicle or vessel is
  493  stored in writing by certified mail or acknowledged hand
  494  delivery that the towing-storage company has been unable to
  495  locate the name and address of the owner or lienholder and a
  496  physical search of the vehicle or vessel has disclosed no
  497  ownership information and a good faith effort has been made,
  498  including records checks of the Department of Highway Safety and
  499  Motor Vehicles database and the National Motor Vehicle Title
  500  Information System or an equivalent commercially available
  501  system. For purposes of this paragraph and subsection (9), the
  502  term “good faith effort” means that the following checks have
  503  been performed by the company to establish the prior state of
  504  registration and for title:
  505         1. A check of the Department of Highway Safety and Motor
  506  Vehicles database for the owner and any lienholder.
  507         2. A check of the electronic National Motor Vehicle Title
  508  Information System or an equivalent commercially available
  509  system to determine the state of registration when there is not
  510  a current registration record for the vehicle or vessel on file
  511  with the Department of Highway Safety and Motor Vehicles.
  512         3. A check of the vehicle or vessel for any type of tag,
  513  tag record, temporary tag, or regular tag.
  514         4. A check of the law enforcement report for a tag number
  515  or other information identifying the vehicle or vessel, if the
  516  vehicle or vessel was towed at the request of a law enforcement
  517  officer.
  518         5. A check of the trip sheet or tow ticket of the tow truck
  519  operator to see if a tag was on the vehicle or vessel at the
  520  beginning of the tow, if a private tow.
  521         6. If there is no address of the owner on the impound
  522  report, a check of the law enforcement report to determine
  523  whether see if an out-of-state address is indicated from driver
  524  license information.
  525         7. A check of the vehicle or vessel for an inspection
  526  sticker or other stickers and decals that may indicate a state
  527  of possible registration.
  528         8. A check of the interior of the vehicle or vessel for any
  529  papers that may be in the glove box, trunk, or other areas for a
  530  state of registration.
  531         9. A check of the vehicle for a vehicle identification
  532  number.
  533         10. A check of the vessel for a vessel registration number.
  534         11. A check of the vessel hull for a hull identification
  535  number which should be carved, burned, stamped, embossed, or
  536  otherwise permanently affixed to the outboard side of the
  537  transom or, if there is no transom, to the outmost seaboard side
  538  at the end of the hull that bears the rudder or other steering
  539  mechanism.
  540         (5)(a) The owner of a vehicle or vessel removed pursuant to
  541  the provisions of subsection (2), or any person claiming a lien,
  542  other than the towing-storage operator, within 10 days after the
  543  time she or he has knowledge of the location of the vehicle or
  544  vessel, may file a complaint in the county court of the county
  545  in which the vehicle or vessel is stored to determine whether if
  546  her or his property was wrongfully taken or withheld from her or
  547  him.
  548         (b) At any time before the sale of the vehicle or vessel
  549  Upon filing of a complaint, an owner or lienholder may have her
  550  or his vehicle or vessel released upon posting with the court a
  551  cash or surety bond or other adequate security equal to the
  552  amount of the charges for towing or storage and lot rental
  553  amount to ensure the payment of such charges in the event she or
  554  he does not prevail. Upon the posting of the bond and the
  555  payment of the applicable fee set forth in s. 28.24, the clerk
  556  of the court shall issue a certificate notifying the lienor of
  557  the posting of the bond and directing the lienor to release the
  558  vehicle or vessel. At the time of such release, after reasonable
  559  inspection, she or he shall give a receipt to the towing-storage
  560  company reciting any claims she or he has for loss or damage to
  561  the vehicle or vessel or the contents thereof.
  562         (6) A Any vehicle or vessel that which is stored pursuant
  563  to subsection (2) and that which remains unclaimed, or for which
  564  reasonable charges for recovery, towing, or storing remain
  565  unpaid, and any contents not released pursuant to subsection
  566  (10), may be sold by the owner or operator of the storage space
  567  for such towing or storage charge after 35 days after from the
  568  time the vehicle or vessel is stored by the lienor therein if
  569  the vehicle or vessel is more than 3 years of age or after 50
  570  days after following the time the vehicle or vessel is stored by
  571  the lienor therein if the vehicle or vessel is 3 years of age or
  572  less. The sale shall be at public sale for cash. If the date of
  573  the sale was not included in the notice required in subsection
  574  (4), notice of the sale shall be given to the person in whose
  575  name the vehicle or vessel is registered and to all persons
  576  claiming a lien on the vehicle or vessel as shown on the records
  577  of the Department of Highway Safety and Motor Vehicles or of any
  578  corresponding agency in any other state in which the vehicle is
  579  identified through a records check of the National Motor Vehicle
  580  Title Information System or an equivalent commercially available
  581  system as being titled. Notice of the sale must shall be sent by
  582  certified mail, return receipt requested. If the claim of lien
  583  is for a vehicle, the notice must have clearly identified and
  584  printed the vehicle identification number of the motor vehicle
  585  subject to the lien in the delivery address box or section of
  586  the return receipt card; on the outside of the envelope received
  587  by the registered owner and all other persons claiming an
  588  interest therein or lien thereon; and on the electronic image of
  589  the return receipt card available on the United States Postal
  590  Service website. The notice must be received by to the owner of
  591  the vehicle or vessel and the person having the recorded lien on
  592  the vehicle or vessel at the address shown on the records of the
  593  registering agency at least and shall be mailed not less than 15
  594  days before the sale of the vehicle or vessel date of the sale.
  595  The notice must state the name, physical address, and telephone
  596  number of the lienor, and the vehicle identification number if
  597  the claim of lien is for a vehicle, all of which must also
  598  appear on the outside of the envelope containing the notice of
  599  sale in the return address section of the envelope. After
  600  diligent search and inquiry, if the name and address of the
  601  registered owner or the owner of the recorded lien cannot be
  602  ascertained, the requirements of notice by mail may be dispensed
  603  with. In addition to the notice by mail, public notice of the
  604  time and place of sale shall be made by publishing a notice
  605  thereof one time, at least 10 days before prior to the date of
  606  the sale, in a newspaper of general circulation in the county in
  607  which the sale is to be held. The proceeds of the sale, after
  608  payment of reasonable towing and storage charges, and costs of
  609  the sale, in that order of priority, shall be deposited with the
  610  clerk of the circuit court for the county if the owner or
  611  lienholder is absent, and the clerk shall hold such proceeds
  612  subject to the claim of the owner or lienholder legally entitled
  613  thereto. The clerk shall be entitled to receive 5 percent of
  614  such proceeds for the care and disbursement thereof. The
  615  certificate of title issued under this law shall be discharged
  616  of all liens unless otherwise provided by court order. The owner
  617  or lienholder may file a complaint after the vehicle or vessel
  618  has been sold in the county court of the county in which it is
  619  stored. Upon determining the respective rights of the parties,
  620  the court may award damages, attorney attorney’s fees, and costs
  621  in favor of the prevailing party.
  622         (9) Failure to make good faith best efforts to comply with
  623  the notice requirements of this section precludes shall preclude
  624  the imposition of any storage charges against the such vehicle
  625  or vessel. If a lienor fails to provide notice to any person
  626  claiming a lien on a vehicle or vessel in accordance with
  627  subsection (4), the lienor may not charge the person for more
  628  than 7 days of storage, but failure to provide timely notice
  629  does not affect charges made for towing the vehicle or vessel or
  630  the priority of liens on the vehicle or vessel.
  631         (14)(a)A copy of the notice of lien required by subsection
  632  (4) and the notice of sale required by subsection (6), and a
  633  copy of all return receipts for mailing of the notices required
  634  by this section, which must include the vehicle identification
  635  number, and proof of the required check of the National Motor
  636  Vehicle Title Information System or an equivalent commercially
  637  available system shall constitute satisfactory proof for
  638  application to the Department of Highway Safety and Motor
  639  Vehicles for transfer of title, together with any other proof
  640  required by any rules and regulations of the department.
  641         (b)The Department of Highway Safety and Motor Vehicles may
  642  not approve an application for transfer of title if the
  643  application fails to include a copy of the notice of lien
  644  required by subsection (4) and the notice of sale required by
  645  subsection (6) and a copy of all return receipts for mailing of
  646  the notices required by this section indicating timely receipt
  647  of the notices. The vehicle identification number on the return
  648  receipts must match the vehicle identification number of the
  649  vehicle that is the subject of the transfer of title and must be
  650  clearly visible on the electronic image of the return receipt
  651  card available on the United States Postal Service website.
  652         (15)(a)A lienor or the lienor’s agent or designee may
  653  charge an administrative fee, which means a lien fee or any fee
  654  imposed by the lienor or the lienor’s agent or designee for
  655  administrative costs added to the amount due for towing and
  656  storing the vehicle charged to the registered owner, the
  657  insurance company insuring the vehicle or vessel, or a person
  658  claiming a lien against the vehicle or vessel to obtain release
  659  of the vehicle or vessel. Such administrative fee may not exceed
  660  $250.
  661         (b)A lienor or the lienor’s agent or designee may not
  662  charge fees or costs, other than charges for towing and storage,
  663  or any other fee or cost not authorized in this section or ss.
  664  125.0103 and 166.043, which total more than $250.
  665         Section 5. This act shall take effect July 1, 2019.