Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for SB 774
Ì253884JÎ253884
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/21/2024 .
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The Committee on Rules (Perry) recommended the following:
1 Senate Amendment to Amendment (327644)
2
3 Delete lines 665 - 821
4 and insert:
5 stored. Notwithstanding subparagraph (17)(a)6., a rental vehicle
6 or vessel agreement is not evidence that the person who rented a
7 vehicle or vessel is an agent of the rental vehicle or vessel
8 owner for the purpose of releasing the vehicle or vessel.
9 However, a towing-storage operator must release to the renter of
10 a rental vehicle or vessel all personal property belonging to
11 the renter which is not affixed to the rental vehicle or vessel
12 within 1 hour after the renter’s arrival person providing such
13 services.
14 (11)(a) A towing-storage operator Any person regularly
15 engaged in the business of recovering, towing, or storing
16 vehicles or vessels who comes into possession of a vehicle or
17 vessel pursuant to paragraph (2)(b) subsection (2) and who has
18 complied with the provisions of subsections (4) (3) and (6),
19 when such vehicle or vessel is to be sold for purposes of being
20 dismantled, destroyed, or changed in such manner that it is not
21 the motor vehicle or vessel described in the certificate of
22 title, must shall report the vehicle to the National Motor
23 Vehicle Title Information System and apply to the Department of
24 Highway Safety and Motor Vehicles for a certificate of
25 destruction. A certificate of destruction, which authorizes the
26 dismantling or destruction of the vehicle or vessel described
27 therein, is shall be reassignable a maximum of two times before
28 dismantling or destruction of the vehicle is shall be required,
29 and must shall accompany the vehicle or vessel for which it is
30 issued, when such vehicle or vessel is sold for such purposes,
31 in lieu of a certificate of title. The application for a
32 certificate of destruction must include proof of reporting to
33 the National Motor Vehicle Title Information System and an
34 affidavit from the applicant that she or he it has complied with
35 all applicable requirements of this section and, if the vehicle
36 or vessel is not registered in this state or any other state, by
37 a statement from a law enforcement officer that the vehicle or
38 vessel is not reported stolen, and must shall be accompanied by
39 such documentation as may be required by the department.
40 (12)(a) Any person who violates any provision of subsection
41 (1), subsection (2), subsection (4), subsection (5), subsection
42 (6), or subsection (7) is guilty of a misdemeanor of the first
43 degree, punishable as provided in s. 775.082 or s. 775.083.
44 (d) Employees of the Department of Highway Safety and Motor
45 Vehicles and law enforcement officers are authorized to inspect
46 the records of a towing-storage operator any person regularly
47 engaged in the business of recovering, towing, or storing
48 vehicles or vessels or transporting vehicles or vessels by
49 wrecker, tow truck, or car carrier, to ensure compliance with
50 the requirements of this section. A towing-storage operator Any
51 person who fails to maintain records, or fails to produce
52 records when required in a reasonable manner and at a reasonable
53 time, commits a misdemeanor of the first degree, punishable as
54 provided in s. 775.082 or s. 775.083.
55 (13)(a) Upon receipt by the Department of Highway Safety
56 and Motor Vehicles of written notice from a wrecker operator who
57 claims a wrecker operator’s lien under subparagraph (2)(b)4.
58 paragraph (2)(d) for recovery, towing, or storage of an
59 abandoned vehicle or vessel upon instructions from any law
60 enforcement agency, for which a certificate of destruction has
61 been issued under subsection (11) and the vehicle has been
62 reported to the National Motor Vehicle Title Information System,
63 the department shall place the name of the registered owner of
64 that vehicle or vessel on the list of those persons who may not
65 be issued a license plate or revalidation sticker for any motor
66 vehicle under s. 320.03(8). If the vehicle or vessel is owned
67 jointly by more than one person, the name of each registered
68 owner must shall be placed on the list. The notice of wrecker
69 operator’s lien must shall be submitted on forms provided by the
70 department and, which must include all of the following:
71 1. The name, address, and telephone number of the wrecker
72 operator.
73 2. The name of the registered owner of the vehicle or
74 vessel and the address to which the wrecker operator provided
75 notice of the lien to the registered owner under subsection (4).
76 3. A general description of the vehicle or vessel,
77 including its color, make, model, body style, and year.
78 4. The vehicle identification number (VIN); registration
79 license plate number, state, and year; validation decal number,
80 state, and year; vessel registration number; hull identification
81 number; or other identification number, as applicable.
82 5. The name of the person or the corresponding law
83 enforcement agency that requested that the vehicle or vessel be
84 recovered, towed, or stored.
85 6. The amount of the wrecker operator’s lien, not to exceed
86 the amount allowed by paragraph (b).
87 (b) For purposes of this subsection only, the amount of the
88 wrecker operator’s lien for which the department will prevent
89 issuance of a license plate or revalidation sticker may not
90 exceed the amount of the charges for recovery, towing, and
91 storage of the vehicle or vessel for 7 days. These charges may
92 not exceed the maximum rates imposed by the ordinances of the
93 respective county or municipality under ss. 125.0103(1)(c) and
94 166.043(1)(c). This paragraph does not limit the amount of a
95 wrecker operator’s lien claimed under paragraph (2)(b)
96 subsection (2) or prevent a wrecker operator from seeking civil
97 remedies for enforcement of the entire amount of the lien, but
98 limits only that portion of the lien for which the department
99 will prevent issuance of a license plate or revalidation
100 sticker.
101 (d) Upon discharge of the amount of the wrecker operator’s
102 lien allowed by paragraph (b), the wrecker operator must issue a
103 certificate of discharged wrecker operator’s lien on forms
104 provided by the department to each registered owner of the
105 vehicle or vessel attesting that the amount of the wrecker
106 operator’s lien allowed by paragraph (b) has been discharged.
107 Upon presentation of the certificate of discharged wrecker
108 operator’s lien by the registered owner, the department must
109 shall immediately remove the registered owner’s name from the
110 list of those persons who may not be issued a license plate or
111 revalidation sticker for any motor vehicle under s. 320.03(8),
112 thereby allowing issuance of a license plate or revalidation
113 sticker. Issuance of a certificate of discharged wrecker
114 operator’s lien under this paragraph does not discharge the
115 entire amount of the wrecker operator’s lien claimed under
116 paragraph (2)(b) subsection (2), but only certifies to the
117 department that the amount of the wrecker operator’s lien
118 allowed by paragraph (b), for which the department will prevent
119 issuance of a license plate or revalidation sticker, has been
120 discharged.
121 (17)(a) A towing-storage operator must accept an original
122 or a copy of any of the following documents as evidence of a
123 person’s interest in a vehicle or vessel:
124 1. An electronic title.
125 2. A paper title.
126 3. A contract between a lender and the owner of the vehicle
127 or vessel.
128 4. A contract between a lessor and the lessee of the
129 vehicle or vessel.
130 5. Credentials establishing the person as an employee or
131 contract agent of an insurance company, along with documentation
132 identifying the vehicle by the vehicle identification number or
133 vessel by the hull identification number.
134 6. A written agreement evidencing that the person is an
135 agent of the vehicle or vessel owner or lienholder.
136 (b) A towing-storage operator may not require any of the
137 documents listed in paragraph (a) to be notarized, except for
138 the agreement in subparagraph (a)6. when such agreement is
139 presented for the purpose of releasing the vehicle or vessel.
140 (c) Presenting one form of current government-issued photo
141 identification constitutes sufficient identity verification for
142 the purposes of this section A lienor must accept either a copy
143 of an electronic title or a paper title as evidence of a
144 person’s interest in a vehicle or vessel.
145 (18) A towing-storage operator must retain for 3 years
146 records produced for all vehicles or vessels recovered, towed,
147 stored, or released. Such records must include at least all of
148 the following:
149 (a) All notice publications and certified mailings.
150 (b) The purchase price of any unclaimed vehicle or vessel
151 sold.
152 (c) The names and addresses of persons to whom vehicles or
153 vessels were released.
154 (d) The names and addresses of vehicle or vessel
155 purchasers.
156 (e) All fees imposed under this section, including the
157 itemized invoice required under paragraph (20)(c).
158 (19)(a) A towing-storage operator must accept payment for
159 accrued charges from an authorized person listed in subsection
160 (10) in any form from at least two of the following
161 subparagraphs: