Florida Senate - 2013                                    SB 1044
       
       
       
       By Senator Stargel
       
       
       
       
       15-00439-13                                           20131044__
    1                        A bill to be entitled                      
    2         An act relating to liens on motor vehicles and
    3         vessels; amending s. 320.02, F.S., relating to a list
    4         of persons who may not be issued a license plate,
    5         revalidation sticker, or replacement license plate for
    6         failure to surrender a vehicle pursuant to notice
    7         provided by a lienor; directing the department to
    8         withhold renewal of registration and replacement
    9         registration of vehicles; providing for a court order
   10         to remove a person’s name from such list; amending s.
   11         320.1316, F.S.; revising a reference to specified
   12         provisions relating to the department withholding a
   13         license plate or registration renewal or replacement;
   14         requiring the notice to surrender a vehicle to be
   15         signed under oath by the lienor; revising procedures
   16         for dispute of the notice to surrender; providing for
   17         judicial proceedings; defining the term “good cause”;
   18         providing for attorney fees and costs; providing an
   19         effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (17) of section 320.02, Florida
   24  Statutes, is amended to read:
   25         320.02 Registration required; application for registration;
   26  forms.—
   27         (17) If any applicant’s name appears on a list of persons
   28  who may not be issued a license plate, revalidation sticker, or
   29  replacement license plate after a written notice to surrender a
   30  vehicle was submitted to the department by a lienor as provided
   31  in s. 320.1316, the department shall may withhold renewal of
   32  registration or replacement registration of any motor vehicle
   33  owned by the applicant at the time the notice was submitted by
   34  the lienor. The lienor must maintain proof that written notice
   35  to surrender the vehicle was sent to each registered owner
   36  pursuant to s. 320.1316(1). A revalidation sticker or
   37  replacement license plate may not be issued until that person’s
   38  name no longer appears on the list, or until the person presents
   39  documentation from the lienor that the vehicle has been
   40  surrendered to the lienor, or a court orders the person’s name
   41  removed from the list as provided for in s. 320.1316. The
   42  department shall not withhold an initial registration in
   43  connection with an applicant’s purchase or lease of a motor
   44  vehicle solely because the applicant’s name is on the list
   45  created by s. 320.1316.
   46         Section 2. Section 320.1316, Florida Statutes, is amended
   47  to read:
   48         320.1316 Failure to surrender vehicle or vessel.—
   49         (1) Upon receipt from a lienor who claims a lien on a
   50  vehicle pursuant to s. 319.27 by the Department of Highway
   51  Safety and Motor Vehicles of written notice to surrender a
   52  vehicle or vessel that has been disposed of, concealed, removed,
   53  or destroyed by the lienee, the department shall place the name
   54  of the registered owner of that vehicle on the list of those
   55  persons who may not be issued a license plate, revalidation
   56  sticker, or replacement license plate for any motor vehicle
   57  under s. 320.02(17) 320.03(8) owned by the lienee at the time
   58  the notice was given by the lienor. If the vehicle is owned
   59  jointly by more than one person, the name of each registered
   60  owner shall be placed on the list.
   61         (2) The notice to surrender the vehicle shall be signed
   62  under oath by the lienor and submitted on forms developed by the
   63  department, which must include:
   64         (a) The name, address, and telephone number of the lienor.
   65         (b) The name of the registered owner of the vehicle and the
   66  address to which the lienor provided notice to surrender the
   67  vehicle to the registered owner.
   68         (c) A general description of the vehicle, including its
   69  color, make, model, body style, and year.
   70         (d) The vehicle identification number, registration license
   71  plate number, if known, or other identification number, as
   72  applicable.
   73         (3) The registered owner of the vehicle may dispute a
   74  notice to surrender the vehicle or his or her inclusion on the
   75  list of those persons who may not be issued a license plate,
   76  revalidation sticker, or replacement license plate under s.
   77  320.02(17) by bringing a civil action in the county in which
   78  such person resides by notifying the department of the dispute
   79  in writing on forms provided by the department and presenting
   80  proof that the vehicle was sold to a motor vehicle dealer
   81  licensed under s. 320.27, a mobile home dealer licensed under s.
   82  320.77, or a recreational vehicle dealer licensed under s.
   83  320.771.
   84         (4) In an action brought pursuant to subsection (3), the
   85  petitioner is entitled to the summary procedure under s. 51.011,
   86  and the court shall advance the cause on its calendar if
   87  requested by the petitioner.
   88         (5)(a) At any hearing challenging the withholding of
   89  registration renewal or replacement under s. 320.02(17), the
   90  court shall first determine whether the lienor had a recorded
   91  lien on the vehicle or vessel and whether the lienor properly
   92  made a demand for the surrender of the vehicle or vessel in
   93  accordance with this section. If the court determines that the
   94  lien was recorded and that such a demand was properly made, the
   95  court shall determine whether good cause exists for the
   96  petitioner’s failure to surrender the vehicle or vessel.
   97         (b) For purposes of this subsection, “good cause” is
   98  limited to proof that:
   99         1. The vehicle that was the subject of the demand for
  100  surrender was traded into a licensed motor vehicle dealer before
  101  the date of the surrender demand;
  102         2. The lienholder’s lien giving rise to the stop has been
  103  paid in full or otherwise satisfied;
  104         3. There is ongoing litigation relating to validity or
  105  enforceability of the lien;
  106         4. The petitioner was in compliance with all of his or her
  107  contractual obligations with the lienholder at the time of the
  108  demand for surrender;
  109         5. The vehicle or vessel was reported to law enforcement as
  110  stolen by the registered owner of the vehicle or vessel before
  111  the demand for surrender; or
  112         6. The petitioner no longer has possession of the vehicle
  113  or vessel and the loss of possession occurred pursuant to
  114  operation of law. If the petitioner’s loss of possession did not
  115  occur pursuant to operation of law, the fact that a third party
  116  has physical possession of the vehicle or vessel shall not
  117  constitute good cause for the failure to surrender the vehicle
  118  or vessel.
  119         (c) If the petitioner establishes good cause, as defined in
  120  paragraph (b), for his or her failure to surrender the vehicle
  121  or vessel, the court shall enter an order removing the
  122  petitioner’s name from the list of those persons who may not be
  123  issued a license plate, revalidation sticker, or replacement
  124  license plate for any motor vehicle under s. 320.02(17) and
  125  award the petitioner his or her reasonable attorney fees and
  126  costs that are actually incurred for the proceedings.
  127         (d) If the court finds that the demand for surrender was
  128  properly made by the lienor and the petitioner fails to
  129  establish good cause for the failure to surrender the vehicle or
  130  vessel, the court shall award the lienor its reasonable attorney
  131  fees and costs that are actually incurred for the proceedings.
  132         Section 3. This act shall take effect July 1, 2013.