Senate Bill 2520c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                           CS for SB 2520

    By the Committee on Transportation and Senator Silver





    306-1968-00

  1                      A bill to be entitled

  2         An act relating to towed vehicles; requiring

  3         local law enforcement agencies to enter certain

  4         information into the state FCIC/NCIC computer

  5         system; requiring law enforcement agencies to

  6         inquire into the reported theft or recovery of

  7         vehicles or certain vehicle identification

  8         information and requiring them to enter such

  9         information into the state FCIC/NCIC computer

10         system; amending s. 715.05, F.S.; revising

11         provisions relating to unclaimed motor

12         vehicles; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Any law enforcement agency that authorizes

17  the removal of a motor vehicle under section 715.05, Florida

18  Statutes, that receives notification of the removal of a motor

19  vehicle from private property under section 715.07, Florida

20  Statutes, or that receives notification of the repossession of

21  a motor vehicle under section 493.6118, Florida Statutes,

22  shall, within 24 hours after removal of the motor vehicle or

23  receipt of such notification, enter the vehicle identification

24  information by electronic communication into the state

25  FCIC/NCIC computer system.

26         Section 2.  (1)  When a law enforcement agency is

27  notified that a vehicle, license plate, registration decal, or

28  a vehicle vin plate has been stolen or recovered, the agency

29  shall make due and diligent inquiry into the circumstance of

30  the reported theft or recovery, or shall immediately refer the

31  person reporting such information to the law enforcement

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2520
    306-1968-00




  1  agency having jurisdiction over the place where the item was

  2  removed or recovered.

  3         (2)  Upon notification of such theft or recovery, the

  4  law enforcement agency that has jurisdiction over the place

  5  where the item was removed or recovered shall, within 24 hours

  6  after receipt of this notification, enter the information by

  7  electronic communication into the state FCIC/NCIC computer

  8  system.

  9         Section 3.  Effective July 1, 2000, subsection (1) of

10  section 715.05, Florida Statutes, as amended by section 318 of

11  chapter 99-248, Laws of Florida, is amended to read:

12         (1)  Whenever any law enforcement agency authorizes the

13  removal of a vehicle or whenever any towing service, garage,

14  repair shop, or automotive service, storage, or parking place

15  notifies the law enforcement agency of possession of a vehicle

16  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

17  agency shall contact the Department of Highway Safety and

18  Motor Vehicles, or the appropriate agency of the state of

19  registration, if known, within 24 hours through the medium of

20  electronic communications giving the full description of the

21  vehicle.  Upon receipt of the full description of the vehicle,

22  the department shall search its files to determine the owner's

23  name, the name of the insurance company insuring the vehicle,

24  and whether any person has filed a lien upon the vehicle as

25  provided in s. 319.27(2) and (3) and notify the applicable law

26  enforcement agency within 72 hours.  The person in charge of

27  the towing service, garage, repair shop, or automotive

28  service, storage, or parking place shall obtain such

29  information from the applicable law enforcement agency within

30  5 days from the date of storage and shall, by certified mail,

31  return receipt requested, notify the owner, the insurer, and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2520
    306-1968-00




  1  all lienholders of the location of the vehicle and of the fact

  2  that it is unclaimed.  Such notice shall be given within 7

  3  days, excluding Saturday and Sunday, from the date of storage

  4  and shall be complete upon mailing; however, if the state of

  5  registration is unknown, the person in charge of the towing

  6  service, garage, repair shop, or automotive service, storage,

  7  or parking place shall make a good faith best effort in so

  8  notifying the owner, the insurer, and any lienholders, and

  9  such notice shall be given within a reasonable period of time

10  from the date of storage.

11         Section 4.  This act shall take effect July 1, 2000.

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13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                             SB 2520

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16  The CS provides for the continued operation of existing law
    enforcement notification requirements when a motor vehicle is
17  removed or repossessed.

18  The CS provides that law enforcement agencies must enter
    vehicle identification information into the FCIC/NCIC computer
19  system within 24 hours of the removal of a vehicle or receipt
    of notification that a vehicle has been removed or
20  repossessed.  The CS also provides the same 24 hour data entry
    requirement for notification of the theft or recovery of
21  motor vehicles.

22  The CS deletes the requirement that the Department of Highway
    Safety and Motor Vehicles provide the name of the applicable
23  insurance company for notification purposes in instances of
    unclaimed motor vehicles.
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