HB 431 – Relating to Liens Against Motor Vehicles and Vessels

On Wednesday, April 3, HB 431 by Representative Jason Fischer (R-Jacksonville) was heard in the House Judiciary Committee and was reported favorably with 17 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Currently, towing companies and auto repair shops, among others, may impose a lien on automobiles for towing and storage charges, as well as unpaid repair costs. The current statute requires the lienor to give the auto owner and all parties that have a financial interest in the auto notice of the lien and the public sale of the auto to cover paying off the lien.

Unfortunately, some “bad actors” in Florida have been abusing our current system by:  

• Manipulating the time period for sending the notice of lien and notice of sale to eliminate the owner or finance company’s ability to pay the charges and recover the auto;
• Sending empty envelopes to the entity that has lien on the auto for providing the financing of the auto;
• Imposing very high administrative fees for perfecting the lien and enforcing the lien;
• Adding unreasonable or fraudulent charges to the towing or repair bill to justify the sale of the auto and keeping all proceeds of the sale.

HB 431 will now move to the House floor.

AIF supports legislation that prevents the increase in insurance rates caused by bad actor companies taking advantage of the current lien laws.

HB 1235- Relating to Legal Notices

On Wednesday, April 3, HB 1235 by Representative Randy Fine (R-Palm Bay) was heard in the House Judiciary Committee and was reported favorably with 11 yeas and 7 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this legislation.

The Florida Constitution requires public notice be given for meetings at which official acts are to be taken or where public business is to be conducted. This bill requires each state or local government agency to publish legally required notices and advertisements on their official website. Each government agency must publish notice at least once a year in a newspaper of general circulation, a newsletter or periodical, or other publication mailed and delivered to all residents and property owners in the government’s jurisdiction.

HB 1235 will now move to the House State Affairs Committee.

AIF opposes internet-only public notice, as it eliminates the wide net that is cast by print media and the internet combined. Because webpages are present one day and gone the next, the internet is an inherently unreliable platform for critical information. As Florida is predominately a small business state, citizens and business owners must be able to access these public notices both in print and digital form.