| 1 | A bill to be entitled |
| 2 | An act relating to motor vehicle and mobile home title |
| 3 | transfer; amending s. 319.22, F.S.; revising provisions |
| 4 | for limitation of liability for the operation of a motor |
| 5 | vehicle that has been sold or transferred; providing |
| 6 | requirements for notice of transfer to the Department of |
| 7 | Highway Safety and Motor Vehicles; requiring an owner or |
| 8 | coowner who has made a sale or transfer of a motor vehicle |
| 9 | to notify the department; providing requirements for such |
| 10 | notification; providing applicability; requiring the |
| 11 | department to provide certain information to the motor |
| 12 | vehicle owner or coowner when issuing a certificate of |
| 13 | title; amending s. 320.02, F.S., requiring the application |
| 14 | form for motor vehicle registration and renewal of |
| 15 | registration to include language permitting a voluntary |
| 16 | contribution to the Ronald McDonald Houses of Florida; |
| 17 | revising provisions for distribution of such |
| 18 | contributions; amending s. 320.02, F.S.; authorizing the |
| 19 | Department of Highway Safety and Motor Vehicles to |
| 20 | withhold renewal of registration or replacement |
| 21 | registration of specified motor vehicles under certain |
| 22 | circumstances; amending s. 320.03, F.S.; preemption |
| 23 | jurisdiction over the outsourced electronic filing system |
| 24 | to the state; requiring the department to continue its |
| 25 | current outsourcing of the existing electronic filing |
| 26 | system; approving the system for use in all counties; |
| 27 | authorizing motor vehicle dealers to charge certain fees; |
| 28 | requiring a report from the Office of Program Policy |
| 29 | Analysis and Government Accountability by a specified |
| 30 | date; creating s. 320.1316, F.S.; providing |
| 31 | responsibilities of the department relating to the |
| 32 | issuance of a license plate, revalidation sticker, or |
| 33 | replacement license plate for certain vehicles; requiring |
| 34 | the department to create a notice to surrender form; |
| 35 | providing procedures for the dispute of a notice to |
| 36 | surrender; amending s. 559.903, F.S.; defining the terms |
| 37 | "lienholder" and "owner" for purposes of the Florida Motor |
| 38 | Vehicle Repair Act; amending s. 322.34, F.S.; creating |
| 39 | certain rights for lienholders; deleting a return receipt |
| 40 | mailing requirement; amending s. 713.78, F.S.; clarifying |
| 41 | provisions; deleting a return receipt mailing requirement; |
| 42 | creating certain rights for lienholders; deleting a |
| 43 | provision that allows a complaint to be filed in the |
| 44 | county where the owner resides; creating a cause of action |
| 45 | to determine the rights of the parties after a vehicle or |
| 46 | vessel has been sold; providing for attorney's fees and |
| 47 | costs; providing a right of inspection to lienholders; |
| 48 | amending s. 320.0609, F.S., relating to the transfer and |
| 49 | exchange of registration license plates and transfer fees; |
| 50 | requiring that a temporary tag be issued and displayed |
| 51 | during the time that an application for a transfer of a |
| 52 | registration license plate is being processed; providing |
| 53 | exceptions; amending s. 320.131, F.S.; authorizing the |
| 54 | department to issue temporary tags for the time that an |
| 55 | application for a transfer of a registration license plate |
| 56 | is being processed; amending s. 320.0609, F.S., relating |
| 57 | to the transfer and exchange of registration license |
| 58 | plates and transfer fees; requiring a licensed motor |
| 59 | vehicle dealer to provide certain required information via |
| 60 | an electronic system to the department when the owner of a |
| 61 | vehicle transfers a registration license plate to a |
| 62 | replacement or substitute vehicle acquired from the |
| 63 | dealer; providing that the electronic system shall be |
| 64 | administered by the department; requiring the dealer to |
| 65 | give the owner written notice documenting the transfer if |
| 66 | the dealer cannot provide the required transfer |
| 67 | information to the department under certain circumstances; |
| 68 | requiring the dealer to maintain certain records; |
| 69 | providing for the dealer and the department to charge a |
| 70 | fee; providing for exceptions; authorizing the department |
| 71 | to adopt rules; amending s. 316.193, F.S.; requiring the |
| 72 | court to include in the order of impoundment or |
| 73 | immobilization the names and telephone numbers of |
| 74 | immobilization agencies that meet specified requirements; |
| 75 | requiring the person whose vehicle is ordered to be |
| 76 | impounded or immobilized to pay the impoundment or |
| 77 | immobilization fees and costs directly to the person |
| 78 | impounding or immobilizing the vehicle; establishing |
| 79 | conditions and restrictions for immobilization agencies |
| 80 | who are engaged in the business of immobilizing vehicles |
| 81 | in judicial circuits where personnel of the court or |
| 82 | sheriff do not immobilize vehicles; providing penalties |
| 83 | for violating such conditions and restrictions; |
| 84 | authorizing aggrieved immobilization agency to initiate a |
| 85 | civil action against a person who commits such violation; |
| 86 | providing for attorney's fees and costs; defining the |
| 87 | terms "immobilization," "immobilize," "immobilizing," |
| 88 | "immobilization agency," "immobilization agencies," |
| 89 | "impound," "impounding," "impoundment," and "person"; |
| 90 | providing an effective dates. |
| 91 |
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| 92 | Be It Enacted by the Legislature of the State of Florida: |
| 93 |
|
| 94 | Section 1. Subsection (2) of section 319.22, Florida |
| 95 | Statutes, is amended to read: |
| 96 | 319.22 Transfer of title.-- |
| 97 | (2)(a) An owner or coowner who has made a bona fide sale |
| 98 | or transfer of a motor vehicle or mobile home and has delivered |
| 99 | possession thereof to a purchaser shall not, by reason of any of |
| 100 | the provisions of this chapter, be deemed the owner or coowner |
| 101 | of such vehicle or mobile home so as to be subject to civil |
| 102 | liability for the operation of such vehicle or mobile home |
| 103 | thereafter by another when such owner or coowner has fulfilled |
| 104 | either of the following requirements: |
| 105 | 1.(a) When such owner or coowner has made proper |
| 106 | endorsement and delivery of the certificate of title as provided |
| 107 | by this chapter. Proper endorsement shall be: |
| 108 | a.1. When a motor vehicle or mobile home is registered in |
| 109 | the names of two or more persons as coowners in the alternative |
| 110 | by the use of the word "or," such vehicle shall be held in joint |
| 111 | tenancy. Each coowner shall be deemed to have granted to the |
| 112 | other coowner the absolute right to dispose of the title and |
| 113 | interest in the vehicle or mobile home, and the signature of any |
| 114 | coowner shall constitute proper endorsement. Upon the death of a |
| 115 | coowner, the interest of the decedent shall pass to the survivor |
| 116 | as though title or interest in the vehicle or mobile home was |
| 117 | held in joint tenancy. This provision shall apply even if the |
| 118 | coowners are husband and wife. |
| 119 | b.2. When a vehicle or mobile home is registered in the |
| 120 | names of two or more persons as coowners in the conjunctive by |
| 121 | the use of the word "and," the signature of each coowner or his |
| 122 | or her personal representative shall be required to transfer |
| 123 | title to the vehicle or mobile home. |
| 124 |
|
| 125 | The department shall adopt suitable language to appear upon the |
| 126 | certificate of title to effectuate the manner in which the |
| 127 | interest in or title to the motor vehicle or mobile home is |
| 128 | held. |
| 129 | 2.(b) When such owner or coowner has delivered to the |
| 130 | department, or placed in the United States mail, addressed to |
| 131 | the department, either the certificate of title properly |
| 132 | endorsed or a notice in the form prescribed by the department. |
| 133 | In addition to the information required by the department under |
| 134 | this subparagraph, the notice must also contain the information |
| 135 | required under paragraph (b) when the title being transferred is |
| 136 | to a motor vehicle. |
| 137 | (b) An owner or coowner who has made a bona fide sale or |
| 138 | transfer of a motor vehicle and has delivered possession thereof |
| 139 | to a purchaser shall notify the department within 30 days after |
| 140 | the sale or transfer in the form prescribed by the department. |
| 141 | Notice by such owner or coowner under this paragraph shall |
| 142 | satisfy the notice requirement under subparagraph (a)2. for |
| 143 | limitation of liability under paragraph (a). The notification |
| 144 | shall include the vehicle identification number and the buyer's |
| 145 | full first name, middle initial, last name, and personal or |
| 146 | business identification, which may include, but need not be |
| 147 | limited to, a driver's license number, Florida identification |
| 148 | card number, or federal employer identification number, and any |
| 149 | information required by the department. This paragraph shall not |
| 150 | apply to any transfer or sale to or by a licensed motor vehicle |
| 151 | dealer or to an insurer who has taken possession or is taking |
| 152 | possession of the vehicle or the title thereto pursuant to a |
| 153 | policy of insurance. |
| 154 | (c) The department shall inform the motor vehicle owner or |
| 155 | coowner of the requirements of this subsection with the issuance |
| 156 | of each certificate of title to a motor vehicle. The information |
| 157 | may be printed on the certificate of title or on a separate form |
| 158 | that is included with the certificate. |
| 159 | Section 2. Subsection (17) is added to section 320.02, |
| 160 | Florida Statutes, to read: |
| 161 | 320.02 Registration required; application for |
| 162 | registration; forms.-- |
| 163 | (17) If any applicant's name appears on a list of persons |
| 164 | who may not be issued a license plate, revalidation sticker, or |
| 165 | replacement license plate after a written notice to surrender a |
| 166 | vehicle was submitted to the department by a lienor as provided |
| 167 | in s. 320.1316, the department may withhold renewal of |
| 168 | registration or replacement registration of any motor vehicle |
| 169 | owned by the applicant at the time the notice was submitted by |
| 170 | the lienor. The lienor must maintain proof that written notice |
| 171 | to surrender the vehicle was sent to each registered owner |
| 172 | pursuant to s. 320.1316(1). A revalidation sticker or |
| 173 | replacement license plate may not be issued until that person's |
| 174 | name no longer appears on the list or until the person presents |
| 175 | documentation from the lienor that the vehicle has been |
| 176 | surrendered to the lienor. The department shall not withhold an |
| 177 | initial registration in connection with an applicant's purchase |
| 178 | or lease of a motor vehicle solely because the applicant's name |
| 179 | is on the list created by s. 320.1316. |
| 180 | Section 3. Subsection (10) is added to section 320.03, |
| 181 | Florida Statutes, to read: |
| 182 | 320.03 Registration; duties of tax collectors; |
| 183 | International Registration Plan.-- |
| 184 | (10) Jurisdiction over the outsourced electronic filing |
| 185 | system for use by licensed motor vehicle dealers electronically |
| 186 | to title and to register motor vehicles and to issue or to |
| 187 | transfer registration license plates or decals is expressly |
| 188 | preempted to the state. The department shall continue its |
| 189 | current outsourcing of the existing electronic filing system, |
| 190 | including its program standards. The electronic filing system is |
| 191 | approved for use in all counties, shall apply uniformly to all |
| 192 | tax collectors of the state, and no tax collector may add or |
| 193 | detract from the program standards in his or her respective |
| 194 | county. A motor vehicle dealer licensed under this chapter may |
| 195 | charge a fee to the customer for use of the electronic filing |
| 196 | system and such fee is not a component of the program standards. |
| 197 | Final authority over disputes relating to program standards lies |
| 198 | with the department. By January 1, 2010, the Office of Program |
| 199 | Policy Analysis and Government Accountability, with input from |
| 200 | the department and from affected parties, including tax |
| 201 | collectors, service providers, and motor vehicle dealers, shall |
| 202 | report to the President of the Senate and the Speaker of the |
| 203 | House of Representatives on the status of the outsourced |
| 204 | electronic filing system, including the program standards, and |
| 205 | its compliance with this subsection. The report shall identify |
| 206 | all public and private alternatives for continued operation of |
| 207 | the electronic filing system and shall include any and all |
| 208 | appropriate recommendations, including revisions to the program |
| 209 | standards. |
| 210 | Section 4. Section 320.1316, Florida Statutes, is created |
| 211 | to read: |
| 212 | 320.1316 Failure to surrender vehicle or vessel.-- |
| 213 | (1) Upon receipt from a lienor who claims a lien on a |
| 214 | vehicle pursuant to s. 319.27 by the Department of Highway |
| 215 | Safety and Motor Vehicles of written notice to surrender a |
| 216 | vehicle or vessel that has been disposed of, concealed, removed, |
| 217 | or destroyed by the lienee, the department shall place the name |
| 218 | of the registered owner of that vehicle on the list of those |
| 219 | persons who may not be issued a license plate, revalidation |
| 220 | sticker, or replacement license plate for any motor vehicle |
| 221 | under s. 320.03(8) owned by the lienee at the time the notice |
| 222 | was given by the lienor. If the vehicle is owned jointly by more |
| 223 | than one person, the name of each registered owner shall be |
| 224 | placed on the list. |
| 225 | (2) The notice to surrender the vehicle shall be submitted |
| 226 | on forms developed by the department, which must include: |
| 227 | (a) The name, address, and telephone number of the lienor. |
| 228 | (b) The name of the registered owner of the vehicle and |
| 229 | the address to which the lienor provided notice to surrender the |
| 230 | vehicle to the registered owner. |
| 231 | (c) A general description of the vehicle, including its |
| 232 | color, make, model, body style, and year. |
| 233 | (d) The vehicle identification number, registration |
| 234 | license plate number, if known, or other identification number, |
| 235 | as applicable. |
| 236 | (3) The registered owner of the vehicle may dispute a |
| 237 | notice to surrender the vehicle by notifying the department of |
| 238 | the dispute in writing on forms provided by the department and |
| 239 | presenting proof that the vehicle was sold to a motor vehicle |
| 240 | dealer licensed under s. 320.27, a mobile home dealer licensed |
| 241 | under s. 320.77, or a recreational vehicle dealer licensed under |
| 242 | s. 320.771. |
| 243 | Section 5. Subsection (8) of section 322.34, Florida |
| 244 | Statutes, is amended to read: |
| 245 | 322.34 Driving while license suspended, revoked, canceled, |
| 246 | or disqualified.-- |
| 247 | (8)(a) Upon the arrest of a person for the offense of |
| 248 | driving while the person's driver's license or driving privilege |
| 249 | is suspended or revoked, the arresting officer shall determine: |
| 250 | 1. Whether the person's driver's license is suspended or |
| 251 | revoked. |
| 252 | 2. Whether the person's driver's license has remained |
| 253 | suspended or revoked since a conviction for the offense of |
| 254 | driving with a suspended or revoked license. |
| 255 | 3. Whether the suspension or revocation was made under s. |
| 256 | 316.646 or s. 627.733, relating to failure to maintain required |
| 257 | security, or under s. 322.264, relating to habitual traffic |
| 258 | offenders. |
| 259 | 4. Whether the driver is the registered owner or coowner |
| 260 | of the vehicle. |
| 261 | (b) If the arresting officer finds in the affirmative as |
| 262 | to all of the criteria in paragraph (a), the officer shall |
| 263 | immediately impound or immobilize the vehicle. |
| 264 | (c) Within 7 business days after the date the arresting |
| 265 | agency impounds or immobilizes the vehicle, either the arresting |
| 266 | agency or the towing service, whichever is in possession of the |
| 267 | vehicle, shall send notice by certified mail, return receipt |
| 268 | requested, to any coregistered owners of the vehicle other than |
| 269 | the person arrested and to each person of record claiming a lien |
| 270 | against the vehicle. All costs and fees for the impoundment or |
| 271 | immobilization, including the cost of notification, must be paid |
| 272 | by the owner of the vehicle or, if the vehicle is leased, by the |
| 273 | person leasing the vehicle. |
| 274 | (d) Either the arresting agency or the towing service, |
| 275 | whichever is in possession of the vehicle, shall determine |
| 276 | whether any vehicle impounded or immobilized under this section |
| 277 | has been leased or rented or if there are any persons of record |
| 278 | with a lien upon the vehicle. Either the arresting agency or the |
| 279 | towing service, whichever is in possession of the vehicle, shall |
| 280 | notify by express courier service with receipt or certified |
| 281 | mail, return receipt requested, within 7 business days after the |
| 282 | date of the immobilization or impoundment of the vehicle, the |
| 283 | registered owner and all persons having a recorded lien against |
| 284 | the vehicle that the vehicle has been impounded or immobilized. |
| 285 | A lessor, rental car company, or lienholder may then obtain the |
| 286 | vehicle, upon payment of any lawful towing or storage charges. |
| 287 | If the vehicle is a rental vehicle subject to a written |
| 288 | contract, the charges may be separately charged to the renter, |
| 289 | in addition to the rental rate, along with other separate fees, |
| 290 | charges, and recoupments disclosed on the rental agreement. If |
| 291 | the storage facility fails to provide timely notice to a lessor, |
| 292 | rental car company, or lienholder as required by this paragraph, |
| 293 | the storage facility shall be responsible for payment of any |
| 294 | towing or storage charges necessary to release the vehicle to a |
| 295 | lessor, rental car company, or lienholder that accrue after the |
| 296 | notice period, which charges may then be assessed against the |
| 297 | driver of the vehicle if the vehicle was lawfully impounded or |
| 298 | immobilized. |
| 299 | (e) Except as provided in paragraph (d), the vehicle shall |
| 300 | remain impounded or immobilized for any period imposed by the |
| 301 | court until: |
| 302 | 1. The owner presents proof of insurance to the arresting |
| 303 | agency; or |
| 304 | 2. The owner presents proof of sale of the vehicle to the |
| 305 | arresting agency and the buyer presents proof of insurance to |
| 306 | the arresting agency. |
| 307 |
|
| 308 | If proof is not presented within 35 days after the impoundment |
| 309 | or immobilization, a lien shall be placed upon such vehicle |
| 310 | pursuant to s. 713.78. |
| 311 | (f) The owner of a vehicle that is impounded or |
| 312 | immobilized under this subsection may, within 10 days after the |
| 313 | date the owner has knowledge of the location of the vehicle, |
| 314 | file a complaint in the county in which the owner resides to |
| 315 | determine whether the vehicle was wrongfully taken or withheld. |
| 316 | Upon the filing of a complaint, the owner or lienholder may have |
| 317 | the vehicle released by posting with the court a bond or other |
| 318 | adequate security equal to the amount of the costs and fees for |
| 319 | impoundment or immobilization, including towing or storage, to |
| 320 | ensure the payment of such costs and fees if the owner or |
| 321 | lienholder does not prevail. When the vehicle owner or |
| 322 | lienholder does not prevail on a complaint that the vehicle was |
| 323 | wrongfully taken or withheld, he or she must pay the accrued |
| 324 | charges for the immobilization or impoundment, including any |
| 325 | towing and storage charges assessed against the vehicle. When |
| 326 | the bond is posted and the fee is paid as set forth in s. 28.24, |
| 327 | the clerk of the court shall issue a certificate releasing the |
| 328 | vehicle. At the time of release, after reasonable inspection, |
| 329 | the owner must give a receipt to the towing or storage company |
| 330 | indicating any loss or damage to the vehicle or to the contents |
| 331 | of the vehicle. |
| 332 | Section 6. Subsections (4), (5), (6), and (10) of section |
| 333 | 713.78, Florida Statutes, are amended to read: |
| 334 | 713.78 Liens for recovering, towing, or storing vehicles |
| 335 | and vessels.-- |
| 336 | (4)(a) Any person regularly engaged in the business of |
| 337 | recovering, towing, or storing vehicles or vessels who comes |
| 338 | into possession of a vehicle or vessel pursuant to subsection |
| 339 | (2), and who claims a lien for recovery, towing, or storage |
| 340 | services, shall give notice to the registered owner, the |
| 341 | insurance company insuring the vehicle notwithstanding the |
| 342 | provisions of s. 627.736, and to all persons claiming a lien |
| 343 | thereon, as disclosed by the records in the Department of |
| 344 | Highway Safety and Motor Vehicles or of a corresponding agency |
| 345 | in any other state. |
| 346 | (b) Whenever any law enforcement agency authorizes the |
| 347 | removal of a vehicle or vessel or whenever any towing service, |
| 348 | garage, repair shop, or automotive service, storage, or parking |
| 349 | place notifies the law enforcement agency of possession of a |
| 350 | vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable |
| 351 | law enforcement agency of the jurisdiction where the vehicle or |
| 352 | vessel is stored shall contact the Department of Highway Safety |
| 353 | and Motor Vehicles, or the appropriate agency of the state of |
| 354 | registration, if known, within 24 hours through the medium of |
| 355 | electronic communications, giving the full description of the |
| 356 | vehicle or vessel. Upon receipt of the full description of the |
| 357 | vehicle or vessel, the department shall search its files to |
| 358 | determine the owner's name, the insurance company insuring the |
| 359 | vehicle or vessel, and whether any person has filed a lien upon |
| 360 | the vehicle or vessel as provided in s. 319.27(2) and (3) and |
| 361 | notify the applicable law enforcement agency within 72 hours. |
| 362 | The person in charge of the towing service, garage, repair shop, |
| 363 | or automotive service, storage, or parking place shall obtain |
| 364 | such information from the applicable law enforcement agency |
| 365 | within 5 days after the date of storage and shall give notice |
| 366 | pursuant to paragraph (a). The department may release the |
| 367 | insurance company information to the requestor notwithstanding |
| 368 | the provisions of s. 627.736. |
| 369 | (c) Notice by certified mail, return receipt requested, |
| 370 | shall be sent within 7 business days after the date of storage |
| 371 | of the vehicle or vessel to the registered owner, the insurance |
| 372 | company insuring the vehicle notwithstanding the provisions of |
| 373 | s. 627.736, and all persons of record claiming a lien against |
| 374 | the vehicle or vessel. It shall state the fact of possession of |
| 375 | the vehicle or vessel, that a lien as provided in subsection (2) |
| 376 | is claimed, that charges have accrued and the amount thereof, |
| 377 | that the lien is subject to enforcement pursuant to law, and |
| 378 | that the owner or lienholder, if any, has the right to a hearing |
| 379 | as set forth in subsection (5), and that any vehicle or vessel |
| 380 | which remains unclaimed, or for which the charges for recovery, |
| 381 | towing, or storage services remain unpaid, may be sold free of |
| 382 | all prior liens after 35 days if the vehicle or vessel is more |
| 383 | than 3 years of age or after 50 days if the vehicle or vessel is |
| 384 | 3 years of age or less. |
| 385 | (d) If attempts to locate the name and address of the |
| 386 | owner or lienholder prove unsuccessful, the towing-storage |
| 387 | operator shall, after 7 working days, excluding Saturday and |
| 388 | Sunday, of the initial tow or storage, notify the public agency |
| 389 | of jurisdiction where the vehicle or vessel is stored in writing |
| 390 | by certified mail or acknowledged hand delivery that the towing- |
| 391 | storage company has been unable to locate the name and address |
| 392 | of the owner or lienholder and a physical search of the vehicle |
| 393 | or vessel has disclosed no ownership information and a good |
| 394 | faith effort has been made. For purposes of this paragraph and |
| 395 | subsection (9), "good faith effort" means that the following |
| 396 | checks have been performed by the company to establish prior |
| 397 | state of registration and for title: |
| 398 | 1. Check of vehicle or vessel for any type of tag, tag |
| 399 | record, temporary tag, or regular tag. |
| 400 | 2. Check of law enforcement report for tag number or other |
| 401 | information identifying the vehicle or vessel, if the vehicle or |
| 402 | vessel was towed at the request of a law enforcement officer. |
| 403 | 3. Check of trip sheet or tow ticket of tow truck operator |
| 404 | to see if a tag was on vehicle or vessel at beginning of tow, if |
| 405 | private tow. |
| 406 | 4. If there is no address of the owner on the impound |
| 407 | report, check of law enforcement report to see if an out-of- |
| 408 | state address is indicated from driver license information. |
| 409 | 5. Check of vehicle or vessel for inspection sticker or |
| 410 | other stickers and decals that may indicate a state of possible |
| 411 | registration. |
| 412 | 6. Check of the interior of the vehicle or vessel for any |
| 413 | papers that may be in the glove box, trunk, or other areas for a |
| 414 | state of registration. |
| 415 | 7. Check of vehicle for vehicle identification number. |
| 416 | 8. Check of vessel for vessel registration number. |
| 417 | 9. Check of vessel hull for a hull identification number |
| 418 | which should be carved, burned, stamped, embossed, or otherwise |
| 419 | permanently affixed to the outboard side of the transom or, if |
| 420 | there is no transom, to the outmost seaboard side at the end of |
| 421 | the hull that bears the rudder or other steering mechanism. |
| 422 | (5)(a) The owner of a vehicle or vessel removed pursuant |
| 423 | to the provisions of subsection (2), or any person claiming a |
| 424 | lien, other than the towing-storage operator, within 10 days |
| 425 | after the time she or he has knowledge of the location of the |
| 426 | vehicle or vessel, may file a complaint in the county court of |
| 427 | the county in which the vehicle or vessel is stored or in which |
| 428 | the owner resides to determine if her or his property was |
| 429 | wrongfully taken or withheld from her or him. |
| 430 | (b) Upon filing of a complaint, an owner or lienholder may |
| 431 | have her or his vehicle or vessel released upon posting with the |
| 432 | court a cash or surety bond or other adequate security equal to |
| 433 | the amount of the charges for towing or storage and lot rental |
| 434 | amount to ensure the payment of such charges in the event she or |
| 435 | he does not prevail. Upon the posting of the bond and the |
| 436 | payment of the applicable fee set forth in s. 28.24, the clerk |
| 437 | of the court shall issue a certificate notifying the lienor of |
| 438 | the posting of the bond and directing the lienor to release the |
| 439 | vehicle or vessel. At the time of such release, after reasonable |
| 440 | inspection, she or he shall give a receipt to the towing-storage |
| 441 | company reciting any claims she or he has for loss or damage to |
| 442 | the vehicle or vessel or the contents thereof. |
| 443 | (c) Upon determining the respective rights of the parties, |
| 444 | the court may award damages, attorney's fees, and costs in favor |
| 445 | of the prevailing party. In any event, the final order shall |
| 446 | provide for immediate payment in full of recovery, towing, and |
| 447 | storage fees by the vehicle or vessel owner or lienholder; or |
| 448 | the agency ordering the tow; or the owner, lessee, or agent |
| 449 | thereof of the property from which the vehicle or vessel was |
| 450 | removed. |
| 451 | (6) Any vehicle or vessel which is stored pursuant to |
| 452 | subsection (2) and which remains unclaimed, or for which |
| 453 | reasonable charges for recovery, towing, or storing remain |
| 454 | unpaid, and any contents not released pursuant to subsection |
| 455 | (10), may be sold by the owner or operator of the storage space |
| 456 | for such towing or storage charge after 35 days from the time |
| 457 | the vehicle or vessel is stored therein if the vehicle or vessel |
| 458 | is more than 3 years of age or after 50 days following the time |
| 459 | the vehicle or vessel is stored therein if the vehicle or vessel |
| 460 | is 3 years of age or less. The sale shall be at public sale |
| 461 | auction for cash. If the date of the sale was not included in |
| 462 | the notice required in subsection (4), notice of the sale shall |
| 463 | be given to the person in whose name the vehicle or vessel is |
| 464 | registered and to all persons claiming a lien on the vehicle or |
| 465 | vessel as shown on the records of the Department of Highway |
| 466 | Safety and Motor Vehicles or of the corresponding agency in any |
| 467 | other state. Notice shall be sent by certified mail, return |
| 468 | receipt requested, to the owner of the vehicle or vessel and the |
| 469 | person having the recorded lien on the vehicle or vessel at the |
| 470 | address shown on the records of the registering agency and shall |
| 471 | be mailed not less than 15 days before the date of the sale. |
| 472 | After diligent search and inquiry, if the name and address of |
| 473 | the registered owner or the owner of the recorded lien cannot be |
| 474 | ascertained, the requirements of notice by mail may be dispensed |
| 475 | with. In addition to the notice by mail, public notice of the |
| 476 | time and place of sale shall be made by publishing a notice |
| 477 | thereof one time, at least 10 days prior to the date of the |
| 478 | sale, in a newspaper of general circulation in the county in |
| 479 | which the sale is to be held. The proceeds of the sale, after |
| 480 | payment of reasonable towing and storage charges, and costs of |
| 481 | the sale, in that order of priority, shall be deposited with the |
| 482 | clerk of the circuit court for the county if the owner or |
| 483 | lienholder is absent, and the clerk shall hold such proceeds |
| 484 | subject to the claim of the owner or lienholder person legally |
| 485 | entitled thereto. The clerk shall be entitled to receive 5 |
| 486 | percent of such proceeds for the care and disbursement thereof. |
| 487 | The certificate of title issued under this law shall be |
| 488 | discharged of all liens unless otherwise provided by court |
| 489 | order. The owner or lienholder may file a complaint after the |
| 490 | vehicle or vessel has been sold in the county court of the |
| 491 | county in which it is stored. Upon determining the respective |
| 492 | rights of the parties, the court may award damages, attorney's |
| 493 | fees, and costs in favor of the prevailing party. |
| 494 | (10) Persons who provide services pursuant to this section |
| 495 | shall permit vehicle or vessel owners, lienholders, or their |
| 496 | agents, which agency is evidenced by an original writing |
| 497 | acknowledged by the owner before a notary public or other person |
| 498 | empowered by law to administer oaths, to inspect the towed |
| 499 | vehicle or vessel and shall release to the owner, lienholder, or |
| 500 | agent the vehicle, vessel, or all personal property not affixed |
| 501 | to the vehicle or vessel which was in the vehicle or vessel at |
| 502 | the time the vehicle or vessel came into the custody of the |
| 503 | person providing such services. |
| 504 | Section 7. Effective October 1, 2009, paragraph (c) is |
| 505 | added to subsection (2) of section 320.0609, Florida Statutes, |
| 506 | to read: |
| 507 | 320.0609 Transfer and exchange of registration license |
| 508 | plates; transfer fee.-- |
| 509 | (2) |
| 510 | (c) If a retail sale by a licensed independent motor |
| 511 | vehicle dealer results in the transfer of a registration license |
| 512 | plate, a temporary tag shall be issued and displayed during the |
| 513 | time that the application for transfer of such registration |
| 514 | license plate is being processed unless the department's records |
| 515 | reflect that the transfer has occurred. However, this paragraph |
| 516 | shall not apply to independent motor vehicle dealers that are |
| 517 | owned by principals that also hold a franchise motor vehicle |
| 518 | dealer license in this state. This paragraph is repealed June |
| 519 | 30, 2010. |
| 520 | Section 8. Effective July 1, 2010, subsection (8) is added |
| 521 | to section 320.0609, Florida Statutes, to read: |
| 522 | 320.0609 Transfer and exchange of registration license |
| 523 | plates; transfer fee.-- |
| 524 | (8)(a) When the owner of a vehicle transfers a |
| 525 | registration license plate to a replacement or substitute |
| 526 | vehicle acquired from a motor vehicle dealer licensed under this |
| 527 | chapter, the dealer shall timely provide to the department, via |
| 528 | an electronic system administered by the department for this |
| 529 | purpose, information regarding the transfer which is required by |
| 530 | the department. The dealer shall also give the owner written |
| 531 | notice documenting the transfer if the dealer cannot timely |
| 532 | provide the required transfer information to the department due |
| 533 | to system or connectivity problems. The dealer shall maintain |
| 534 | all records required by the department which must be open to |
| 535 | inspection by the department or its agents during reasonable |
| 536 | business hours. The dealer may charge the vehicle owner a fee to |
| 537 | comply with this subsection. The department may charge a fee of |
| 538 | $2 to be deposited into the Highway Safety Operating Trust Fund |
| 539 | for each transfer in addition to any other fee imposed by law. |
| 540 | (b) A dealer is not required to comply with paragraph (a) |
| 541 | if the department's records are otherwise modified on the date |
| 542 | of transfer to reflect that the transfer has occurred. |
| 543 | (c) The department has authority to adopt rules pursuant |
| 544 | to ss. 120.536(1) and 120.54 to administer this subsection. |
| 545 | Section 9. Effective October 1, 2009, paragraph (m) is |
| 546 | added to subsection (1) of section 320.131, Florida Statutes, to |
| 547 | read: |
| 548 | 320.131 Temporary tags.-- |
| 549 | (1) The department is authorized and empowered to design, |
| 550 | issue, and regulate the use of temporary tags to be designated |
| 551 | "temporary tags" for use in the following cases: |
| 552 | (m) For a retail sale by a licensed independent motor |
| 553 | vehicle dealer when an application for the transfer of a |
| 554 | registration license plate is being processed. This paragraph is |
| 555 | repealed June 30, 2010. |
| 556 |
|
| 557 | Further, the department is authorized to disallow the purchase |
| 558 | of temporary tags by licensed dealers, common carriers, or |
| 559 | financial institutions in those cases where abuse has occurred. |
| 560 | Section 10. Paragraphs (d) and (i) of subsection (6) of |
| 561 | section 316.193, Florida Statutes, are amended, and subsections |
| 562 | (13) and (14) are added to that section, to read: |
| 563 | 316.193 Driving under the influence; penalties.-- |
| 564 | (6) With respect to any person convicted of a violation of |
| 565 | subsection (1), regardless of any penalty imposed pursuant to |
| 566 | subsection (2), subsection (3), or subsection (4): |
| 567 | (d) The court must at the time of sentencing the defendant |
| 568 | issue an order for the impoundment or immobilization of a |
| 569 | vehicle. The order of impoundment or immobilization must include |
| 570 | the name and telephone numbers of all immobilization agencies |
| 571 | meeting all of the conditions of subsection (13). Within 7 |
| 572 | business days after the date that the court issues the order of |
| 573 | impoundment or immobilization, the clerk of the court must send |
| 574 | notice by certified mail, return receipt requested, to the |
| 575 | registered owner of each vehicle, if the registered owner is a |
| 576 | person other than the defendant, and to each person of record |
| 577 | claiming a lien against the vehicle. |
| 578 | (i) All costs and fees for the impoundment or |
| 579 | immobilization, including the cost of notification, must be paid |
| 580 | by the owner of the vehicle or, if the vehicle is leased or |
| 581 | rented, by the person leasing or renting the vehicle, unless the |
| 582 | impoundment or immobilization order is dismissed. All provisions |
| 583 | of s. 713.78 shall apply. The costs and fees for the impoundment |
| 584 | or immobilization must be paid directly to the person impounding |
| 585 | or immobilizing the vehicle. |
| 586 |
|
| 587 | For the purposes of this section, any conviction for a violation |
| 588 | of s. 327.35; a previous conviction for the violation of former |
| 589 | s. 316.1931, former s. 860.01, or former s. 316.028; or a |
| 590 | previous conviction outside this state for driving under the |
| 591 | influence, driving while intoxicated, driving with an unlawful |
| 592 | blood-alcohol level, driving with an unlawful breath-alcohol |
| 593 | level, or any other similar alcohol-related or drug-related |
| 594 | traffic offense, is also considered a previous conviction for |
| 595 | violation of this section. However, in satisfaction of the fine |
| 596 | imposed pursuant to this section, the court may, upon a finding |
| 597 | that the defendant is financially unable to pay either all or |
| 598 | part of the fine, order that the defendant participate for a |
| 599 | specified additional period of time in public service or a |
| 600 | community work project in lieu of payment of that portion of the |
| 601 | fine which the court determines the defendant is unable to pay. |
| 602 | In determining such additional sentence, the court shall |
| 603 | consider the amount of the unpaid portion of the fine and the |
| 604 | reasonable value of the services to be ordered; however, the |
| 605 | court may not compute the reasonable value of services at a rate |
| 606 | less than the federal minimum wage at the time of sentencing. |
| 607 | (13) If personnel of the circuit court or the sheriff do |
| 608 | not immobilize vehicles, only immobilization agencies that meet |
| 609 | the conditions of this subsection shall immobilize vehicles in |
| 610 | that judicial circuit. |
| 611 | (a) The immobilization agency responsible for immobilizing |
| 612 | vehicles in that judicial circuit shall be subject to strict |
| 613 | compliance with all of the following conditions and |
| 614 | restrictions: |
| 615 | 1. Any immobilization agency engaged in the business of |
| 616 | immobilizing vehicles shall: |
| 617 | a. Have a class "R" license issued pursuant to part IV of |
| 618 | chapter 493; |
| 619 | b. Have at least 3 years of verifiable experience in |
| 620 | immobilizing vehicles; and |
| 621 | c. Maintain accurate and complete records of all payments |
| 622 | for the immobilization, copies of all documents pertaining to |
| 623 | the court's order of impoundment or immobilization, and any |
| 624 | other documents relevant to each immobilization. Such records |
| 625 | must be maintained by the immobilization agency for at least 3 |
| 626 | years. |
| 627 | 2. The person who immobilizes a vehicle must never have |
| 628 | been convicted of any felony or of driving or boating under the |
| 629 | influence of alcohol or a controlled substance in the last 3 |
| 630 | years. |
| 631 | (b) A person who violates paragraph (a) commits a |
| 632 | misdemeanor of the first degree, punishable as provided in s. |
| 633 | 775.082 or s. 775.083. |
| 634 | (c) Any immobilization agency who is aggrieved by a |
| 635 | person's violation of paragraph (a) may bring a civil action |
| 636 | against the person who violated paragraph (a) seeking injunctive |
| 637 | relief, damages, reasonable attorney's fees and costs, and any |
| 638 | other remedy available at law or in equity as may be necessary |
| 639 | to enforce this subsection. In any action to enforce this |
| 640 | subsection, establishment of a violation of paragraph (a) shall |
| 641 | conclusively establish a clear legal right to injunctive relief, |
| 642 | that irreparable harm will be caused if an injunction does not |
| 643 | issue, that no adequate remedy at law exists, and that public |
| 644 | policy favors issuance of injunctive relief. |
| 645 | (14) As used in this chapter, the term: |
| 646 | (a) "Immobilization," "immobilizing," or "immobilize" |
| 647 | means the act of installing a vehicle antitheft device on the |
| 648 | steering wheel of a vehicle, the act of placing a tire lock or |
| 649 | wheel clamp on a vehicle, or a governmental agency's act of |
| 650 | taking physical possession of the license tag and vehicle |
| 651 | registration rendering a vehicle legally inoperable to prevent |
| 652 | any person from operating the vehicle pursuant to an order of |
| 653 | impoundment or immobilization under subsection (6). |
| 654 | (b) "Immobilization agency" or "immobilization agencies" |
| 655 | means any firm, company, agency, organization, partnership, |
| 656 | corporation, association, trust, or other business entity of any |
| 657 | kind whatsoever that meets all of the conditions of subsection |
| 658 | (13). |
| 659 | (c) "Impoundment," "impounding," or "impound" means the |
| 660 | act of storing a vehicle at a storage facility pursuant to an |
| 661 | order of impoundment or immobilization under subsection (6) |
| 662 | where the person impounding the vehicle exercises control, |
| 663 | supervision, and responsibility over the vehicle. |
| 664 | (d) "Person" means any individual, firm, company, agency, |
| 665 | organization, partnership, corporation, association, trust, or |
| 666 | other business entity of any kind whatsoever. |
| 667 | Section 11. Except as otherwise expressly provided in this |
| 668 | act, this act shall take effect July 1, 2009. |
| 669 |
|