Bill Text: FL S1044 | 2013 | Regular Session | Introduced
Bill Title: Liens on Motor Vehicles and Vessels
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Transportation [S1044 Detail]
Download: Florida-2013-S1044-Introduced.html
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 shallmaywithhold 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 untilthe 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 residesby notifying the department of the dispute79in writing on forms provided by the department and presenting80proof that the vehicle was sold to a motor vehicle dealer81licensed under s.320.27, a mobile home dealer licensed under s.82320.77, or a recreational vehicle dealer licensed under s.83320.771. 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.