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: