Florida Senate - 2019                                     SB 826
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01178-19                                            2019826__
    1                        A bill to be entitled                      
    2         An act relating to towing-storage operator liens;
    3         amending s. 713.78, F.S.; requiring that certain lien
    4         notices be sent through an electronic third-party
    5         mailing service; defining the term “electronic third
    6         party mailing service”; requiring electronic third
    7         party mailing services to apply to the Department of
    8         Highway Safety and Motor Vehicles for approval;
    9         requiring the department to approve an application if
   10         certain conditions are met; authorizing the department
   11         to deny, suspend, or revoke its approval under certain
   12         circumstances; requiring an electronic third-party
   13         mailing service to maintain certain records for a
   14         specified timeframe and to allow inspection of such
   15         records by the department; requiring the department to
   16         adopt rules; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraphs (c) and (d) of subsection (4) and
   21  subsection (6) of section 713.78, Florida Statutes, are amended,
   22  and subsection (14) is added to that section, to read:
   23         713.78 Liens for recovering, towing, or storing vehicles
   24  and vessels.—
   25         (4)
   26         (c) Notice by certified mail shall be sent Within 7
   27  business days after the date of storage of the vehicle or
   28  vessel, the towing-storage operator shall, through an electronic
   29  third-party mailing service approved by the Department of
   30  Highway Safety and Motor Vehicles, send notice by certified mail
   31  to the registered owner, the insurance company insuring the
   32  vehicle notwithstanding the provisions of s. 627.736, and all
   33  persons of record claiming a lien against the vehicle or vessel.
   34  The notice must It shall state the fact of possession of the
   35  vehicle or vessel, that a lien as provided in subsection (2) is
   36  claimed, that charges have accrued and the amount thereof, that
   37  the lien is subject to enforcement pursuant to law, and that the
   38  owner or lienholder, if any, has the right to a hearing as set
   39  forth in subsection (5), and that any vehicle or vessel which
   40  remains unclaimed, or for which the charges for recovery,
   41  towing, or storage services remain unpaid, may be sold free of
   42  all prior liens after 35 days if the vehicle or vessel is more
   43  than 3 years of age or after 50 days if the vehicle or vessel is
   44  3 years of age or less.
   45         (d) If attempts to locate the name and address of the owner
   46  or lienholder prove unsuccessful, the towing-storage operator
   47  shall, after 7 business working days, excluding Saturday and
   48  Sunday, of the initial tow or storage, the towing-storage
   49  operator, through an electronic third-party mailing service
   50  approved by the Department of Highway Safety and Motor Vehicles,
   51  shall send notice by certified mail to notify the public agency
   52  of jurisdiction where the vehicle or vessel is stored in writing
   53  by certified mail or acknowledged hand delivery that the towing
   54  storage company has been unable to locate the name and address
   55  of the owner or lienholder and a physical search of the vehicle
   56  or vessel has disclosed no ownership information and a good
   57  faith effort has been made, including records checks of the
   58  Department of Highway Safety and Motor Vehicles database and the
   59  National Motor Vehicle Title Information System or an equivalent
   60  commercially available system. For purposes of this paragraph
   61  and subsection (9), “good faith effort” means that the following
   62  checks have been performed by the company to establish prior
   63  state of registration and for title:
   64         1. Check of the Department of Highway Safety and Motor
   65  Vehicles database for the owner and any lienholder.
   66         2. Check of the electronic National Motor Vehicle Title
   67  Information System or an equivalent commercially available
   68  system to determine the state of registration when there is not
   69  a current registration record for the vehicle on file with the
   70  Department of Highway Safety and Motor Vehicles.
   71         3. Check of vehicle or vessel for any type of tag, tag
   72  record, temporary tag, or regular tag.
   73         4. Check of law enforcement report for tag number or other
   74  information identifying the vehicle or vessel, if the vehicle or
   75  vessel was towed at the request of a law enforcement officer.
   76         5. Check of trip sheet or tow ticket of tow truck operator
   77  to see if a tag was on vehicle or vessel at beginning of tow, if
   78  private tow.
   79         6. If there is no address of the owner on the impound
   80  report, check of law enforcement report to see if an out-of
   81  state address is indicated from driver license information.
   82         7. Check of vehicle or vessel for inspection sticker or
   83  other stickers and decals that may indicate a state of possible
   84  registration.
   85         8. Check of the interior of the vehicle or vessel for any
   86  papers that may be in the glove box, trunk, or other areas for a
   87  state of registration.
   88         9. Check of vehicle for vehicle identification number.
   89         10. Check of vessel for vessel registration number.
   90         11. Check of vessel hull for a hull identification number
   91  which should be carved, burned, stamped, embossed, or otherwise
   92  permanently affixed to the outboard side of the transom or, if
   93  there is no transom, to the outmost seaboard side at the end of
   94  the hull that bears the rudder or other steering mechanism.
   95         (6) Any vehicle or vessel which is stored pursuant to
   96  subsection (2) and which remains unclaimed, or for which
   97  reasonable charges for recovery, towing, or storing remain
   98  unpaid, and any contents not released pursuant to subsection
   99  (10), may be sold by the owner or operator of the storage space
  100  for such towing or storage charge after 35 days from the time
  101  the vehicle or vessel is stored therein if the vehicle or vessel
  102  is more than 3 years of age or after 50 days following the time
  103  the vehicle or vessel is stored therein if the vehicle or vessel
  104  is 3 years of age or less. The sale shall be at public sale for
  105  cash. If the date of the sale was not included in the notice
  106  required in subsection (4), notice of the sale shall be given to
  107  the person in whose name the vehicle or vessel is registered and
  108  to all persons claiming a lien on the vehicle or vessel as shown
  109  on the records of the Department of Highway Safety and Motor
  110  Vehicles or of any corresponding agency in any other state in
  111  which the vehicle is identified through a records check of the
  112  National Motor Vehicle Title Information System or an equivalent
  113  commercially available system as being titled. The towing
  114  storage operator, through an electronic third-party mailing
  115  service approved by the Department of Highway Safety and Motor
  116  Vehicles, shall send notice shall be sent by certified mail to
  117  the owner of the vehicle or vessel and the person having the
  118  recorded lien on the vehicle or vessel at the address shown on
  119  the records of the registering agency and shall be mailed not
  120  less than 15 days before the date of the sale. After diligent
  121  search and inquiry, if the name and address of the registered
  122  owner or the owner of the recorded lien cannot be ascertained,
  123  the requirements of notice by mail may be dispensed with. In
  124  addition to the notice by mail, public notice of the time and
  125  place of sale shall be made by publishing a notice thereof one
  126  time, at least 10 days before prior to the date of the sale, in
  127  a newspaper of general circulation in the county in which the
  128  sale is to be held. The proceeds of the sale, after payment of
  129  reasonable towing and storage charges, and costs of the sale, in
  130  that order of priority, shall be deposited with the clerk of the
  131  circuit court for the county if the owner or lienholder is
  132  absent, and the clerk shall hold such proceeds subject to the
  133  claim of the owner or lienholder legally entitled thereto. The
  134  clerk shall be entitled to receive 5 percent of such proceeds
  135  for the care and disbursement thereof. The certificate of title
  136  issued under this law shall be discharged of all liens unless
  137  otherwise provided by court order. The owner or lienholder may
  138  file a complaint after the vehicle or vessel has been sold in
  139  the county court of the county in which it is stored. Upon
  140  determining the respective rights of the parties, the court may
  141  award damages, attorney’s fees, and costs in favor of the
  142  prevailing party.
  143         (14)(a)As used in this section, the term “electronic
  144  third-party mailing service” means a person who, upon a request
  145  submitted through a website by a towing-storage operator:
  146         1.Obtains the owner, lienholder, or insurer information,
  147  as applicable, for a vehicle or vessel from the Department of
  148  Highway Safety and Motor Vehicles;
  149         2.Prepares or assists the towing-storage operator in
  150  preparing a notice required by this section through the website;
  151         3.Prints and sends the notice to the intended recipient by
  152  certified mail; and
  153         4.Electronically returns tracking information or other
  154  proof of mailing and delivery of the notice to the towing
  155  storage operator.
  156         (b)An electronic third-party mailing service shall apply
  157  to and must be approved by the department to be eligible to
  158  provide services under this section. The department shall
  159  prescribe the format for such applications. The department shall
  160  approve an electronic third-party mailing service if the
  161  applicant demonstrates to the satisfaction of the department
  162  that it is qualified to provide the services described in
  163  paragraph (a). The department may deny, suspend, or revoke
  164  approval of an electronic third-party mailing service if the
  165  department determines that the electronic third-party mailing
  166  service has committed an act of fraud or misrepresentation
  167  related to a notice required by this section.
  168         (c)An electronic third-party mailing service shall
  169  maintain all records related to the provision of services under
  170  this section for 3 years and must allow the department to
  171  inspect such records upon request. The records may be maintained
  172  in electronic format.
  173         (d)The department shall adopt rules to administer this
  174  section.
  175         Section 2. This act shall take effect July 1, 2019.