REPAIRS continued from page 17
A customer should carefully read the invoice to understand what repair work was performed and charged . A repair shop must maintain repair records and make such records available for inspection and copying for at least twelve ( 12 ) months . F . S . § 559.915 .
When a customer refuses to pay for completed , authorized repairs , the repair shop has a possessory right to and may impose a lien against the vehicle for labor or repair work performed . F . S . § 713.58 . The repair shop may enforce the lien by sale of the vehicle at public auction . F . S . § 713.585 . Written notice must be given to the registered owner , the customer indicated on the repair order , and all others claiming an interest in the vehicle . The notice must contain , among other identifying information : an itemized statement of the amount claimed to be owed ; and the date , time , and location of any proposed or scheduled public sale of the vehicle . The sale cannot occur earlier than sixty ( 60 ) days after completion of the repair work . The vehicle owner or any lienholder has a right to demand a judicial hearing before the sale . A repair shop that fails to substantially comply with the Act cannot enforce a lien to secure payment or proceed under a theory of implied contract . FGAP Investment Corp . v . A1 Body and Glass of Coral Springs , LLC , Case # 4D21-320 ( Fla . 4th DCA August 4 , 2021 ) citing Osteen v . Morris , 481 So . 2d 1287 ( Fla . 5th DCA 1986 ).
A customer may obtain the release of the vehicle from the repair shop by filing with the Clerk of Court a cash or surety bond in the amount of the repair invoice plus accrued storage charges . F . S . § 559.917 . Upon posting , the Clerk will issue a certificate notifying the lienor of the posted bond and directing the repair shop to release the vehicle . A repair shop ’ s failure to release the vehicle in compliance with the Clerk ’ s certificate constitutes a second-degree misdemeanor . If the lienor fails to institute a lawsuit within sixty ( 60 ) days to recover against the bond , it will be discharged . A customer who stops payment on a credit card or check for any repair invoice or who fails to post a bond forfeits certain recourses . Similarly , a repair shop that does not substantially comply with the statute may not refuse to return a customer ’ s vehicle . F . S . § 559.919 .
A repair shop is prohibited from engaging in unlawful practices , including : making or charging for unauthorized repairs ; misrepresenting that repairs have been conducted or that certain parts and / or repairs are necessary to repair a vehicle ; fraudulently altering any customer contract , estimate , invoice or other document ; making or authorizing untrue , deceptive or misleading statements ; making false promises likely to influence a customer to authorize repairs ; substituting used , rebuilt or salvaged parts for new replacement parts without notifying the customer ; causing or allowing a customer to sign a work order that does not state the repairs requested or the automobile ’ s odometer reading ; failing or refusing to give a customer a copy of any document requiring the customer ’ s signature ; and / or violating F . S . § 713.585 for the enforcement of a lien by sale of motor vehicle . F . S . § 559.920 . If a repair shop violates the Act , a customer may bring an action for damages and / or injunctive relief and may be entitled to attorney ’ s fees and court costs . F . S . § 559.921 .
So , the next time car troubles happen , remember your legal rights . You can confidently fix those awful automotive sounds and silence the cha-ching of unlawful motor vehicle repair practices . To verify a repair shop ’ s registration / licensure status , search complaints against it , or file a consumer complaint , visit https :// www . fdacs . gov / or call the above toll-free helpline . �
INMATES continued from page 27
From a criminal bond determination and sentencing standpoint , circuits around Florida have taken different approaches on whether to authorize the early release of non-violent inmates in the wake of COVID-19 . Bond determinations are made by circuit court judges based on select statutory criteria , but may include a suspect ’ s nonviolent allegations , the capacity of the jail , the inmate ’ s health status , and the determination of whether less restrictive pre-trial release conditions are appropriate .
For the Florida Department of Corrections , prisoners may be released early under Florida ’ s Conditional Medical Release Program , or through a commutation of sentence . Inmates may also be eligible for a “ community release ,” which does not shorten a sentence , but can result in the release from a prison facility . The Florida Department of Corrections may also release prisoners through furlough , another form of temporary release . On May 6 , 2020 the Florida Chapter of Families for Justice Reform wrote to FL Secretary Mark S . Inch , requesting that he direct the Florida Department of Corrections to exercise it furlough authority , pursuant to Section 945.091 , Florida Statutes and Florida Department of Corrections Rule 33-601.603 . FAMM Director Greg Newburn stated , “ Reducing the spread of COVID-19 in prisons is consistent with the public interest . The rehabilitation of prisoners would unquestionably be aided by protecting them from uncontrolled threats to their lives or health .” See May 6 , 2020 , letter from Florida FAMM Director to FL Department of Corrections Secretary Mark S . Inch .
In the spirit of equity and inclusion , the health and safety of inmates is just as important as that of the legal community , the court system , and the public . Where disparate or lax policies in the delivery of healthcare in our county jails impact the health of our clients and the bar ’ s delivery of legal representation to them , the legal community should look at what can be done to protect our clients , their families and the public who have pending criminal cases in our circuit . The request for transparency from the Coalition to our local sheriffs is a reasonable one , and one that the Twelfth Judicial Circuit and the local bar should investigate . This is not only a fiduciary duty , but a moral one . �
28 | THE DOCKET - NOVEMBER / DECEMBER 2021