FL H0925

Department of Highway Safety and Motor Vehicles shall withhold vehicle registration renewal and replacement for owners who fail to surrender vehicles to lienors upon written notice signed under oath by the lienor.

Registered vehicle owners may dispute a surrender notice or their inclusion on the withholding list by filing a civil action in their county of residence, with courts using summary procedure under s. 51.011.

Court must first verify the lienor has a recorded lien and properly made a surrender demand before determining if "good cause" exists for the owner's failure to surrender the vehicle or vessel.

"Good cause" is limited to six specific circumstances: vehicle traded to licensed dealer before demand date, lien paid in full, ongoing lien validity litigation, owner compliance with contract obligations, vehicle reported stolen before demand, or loss of possession pursuant to operation of law.

If owner establishes good cause, court removes their name from the withholding list and awards reasonable attorney fees and costs; if owner fails to establish good cause, court awards lienor its reasonable attorney fees and costs.

Act takes effect July 1, 2013.