HB 867 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to towing, storage, and release of 2
motor vehicles; amending s. 323.001, F.S.; providing 3
construction; providing requirements for the release 4
of a motor vehicle towed to an investigating agency's 5
storage facility; requiring the investigating agency 6
to pay towing and storage charges to a wrecker 7
operator under certain circumstances; amending ss. 8
713.78 and 715.07, F.S.; prohibiting a towing company 9
from releasing a motor vehicle owned by a rental car 10
company to the person who rented the vehicle unless 11
the person is appointed as an agent of the rental car 12
company; providing requirements for evidence of such 13
agency; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Subsection (1), paragraph (a) of subsection 18
(2), and subsection (3) of section 323.001, Florida Statutes, 19
are amended to read: 20
323.001 Wrecker operator storage facilities; vehicle 21
holds.— 22
(1)(a) An investigating agency may place a hold on a motor 23
vehicle stored within a wrecker operator's storage facility for 24
up to a period not to exceed 5 days, excluding holidays and 25
HB 867 2022
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weekends, unless extended in writing as provided in subsection 26
(2). 27
(b) This section does not prohibit an investigating agency 28
from having a wrecker operator tow a vehicle directly from the 29
scene of the tow to the investigating agency's storage facility. 30
If a vehicle is towed directly from the scene of the tow to the 31
investigating agency's storage facility, the investigating 32
agency may not release the vehicle to the owner or lienholder of 33
the vehicle until proof of payment of the towing and storage 34
charges incurred by the wrecker operator is presented to the 35
investigating agency. If the investigating agency releases the 36
vehicle to the owner or lienholder without obtaining such proof 37
of payment, the investigating agency must pay the wrecker 38
operator such towing and storage charges within 60 days after 39
the vehicle is relea sed. 40
(2) The investigating agency must notify the wrecker 41
operator in writing within 5 days, excluding holidays and 42
weekends, whether the hold is to be continued. If no 43
notification follows this period of time, the wrecker operator 44
may release the vehicl e to the designated person pursuant to s. 45
713.78. 46
(a) If the hold is to continue beyond 5 days, excluding 47
holidays and weekends, the investigating agency may have the 48
vehicle removed to a designated impound lot, in which event the 49
vehicle will not be rel eased by the investigating agency to the 50
HB 867 2022
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owner or lienholder of the vehicle until proof of payment of the 51
towing and storage charges incurred by the wrecker operator is 52
presented to the investigating agency. If the investigating 53
agency releases the vehicle to the owner or lienholder without 54
obtaining such proof of payment, the investigating agency must 55
pay the wrecker operator such towing and storage charges within 56
60 days after the vehicle is released. 57
(3) If there is a judicial finding of no probable ca use 58
for having continued the immobilization or impoundment, the 59
investigating agency ordering the hold must pay the wrecker 60
operator the accrued charges for any towing and storage within 61
60 days after the judicial finding . 62
Section 2. Subsection (10) of section 713.78, Florida 63
Statutes, is amended to read: 64
713.78 Liens for recovering, towing, or storing vehicles 65
and vessels.— 66
(10)(a) Persons who provide services pursuant to this 67
section shall permit vehicle or vessel owners, lienholders, 68
insurance company representatives, or their agents, which agency 69
is evidenced by an original writing acknowledged by the owner 70
before a notary public or other person empowered by law to 71
administer oaths, to inspect the towed vehicle or vessel and 72
shall release to the owner, lienholder, or agent the vehicle, 73
vessel, or all personal property not affixed to the vehicle or 74
vessel which was in the vehicle or vessel at the time the 75
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vehicle or vessel came into the custody of the person providing 76
such services. 77
(b) Notwithstanding any provision of this section to the 78
contrary, a rental car agreement does not constitute evidence 79
that the person who rented a vehicle is an agent of the owner of 80
the rental car. A towing company may not release a vehicle owned 81
by a rental car comp any to the person who rented the vehicle 82
unless the rental car company appoints the person who rented the 83
vehicle as its agent, which agency is evidenced by an original 84
writing acknowledged by the rental car company before a notary 85
public or other person e mpowered by law to administer oaths, 86
authorizing the person to inspect and redeem the towed vehicle. 87
Section 3. Paragraph (a) of subsection (2) of section 88
715.07, Florida Statutes, is amended to read: 89
715.07 Vehicles or vessels parked on private property; 90
towing.— 91
(2) The owner or lessee of real property, or any person 92
authorized by the owner or lessee, which person may be the 93
designated representative of the condominium association if the 94
real property is a condominium, may cause any vehicle or vessel 95
parked on such property without her or his permission to be 96
removed by a person regularly engaged in the business of towing 97
vehicles or vessels, without liability for the costs of removal, 98
transportation, or storage or damages caused by such removal, 99
transportation, or storage, under any of the following 100
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circumstances: 101
(a) The towing or removal of any vehicle or vessel from 102
private property without the consent of the registered owner or 103
other legally authori zed person in control of that vehicle or 104
vessel is subject to substantial compliance with the following 105
conditions and restrictions: 106
1.a. Any towed or removed vehicle or vessel must be stored 107
at a site within a 10 -mile radius of the point of removal in a ny 108
county of 500,000 population or more, and within a 15 -mile 109
radius of the point of removal in any county of fewer than 110
500,000 population. That site must be open for the purpose of 111
redemption of vehicles on any day that the person or firm towing 112
such vehicle or vessel is open for towing purposes, from 8:00 113
a.m. to 6:00 p.m., and, when closed, shall have prominently 114
posted a sign indicating a telephone number where the operator 115
of the site can be reached at all times. Upon receipt of a 116
telephoned request t o open the site to redeem a vehicle or 117
vessel, the operator shall return to the site within 1 hour or 118
she or he will be in violation of this section. 119
b. If no towing business providing such service is located 120
within the area of towing limitations set for th in sub-121
subparagraph a., the following limitations apply: any towed or 122
removed vehicle or vessel must be stored at a site within a 20 -123
mile radius of the point of removal in any county of 500,000 124
population or more, and within a 30 -mile radius of the poin t of 125
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removal in any county of fewer than 500,000 population. 126
2. The person or firm towing or removing the vehicle or 127
vessel shall, within 30 minutes after completion of such towing 128
or removal, notify the municipal police department or, in an 129
unincorporated area, the sheriff, of such towing or removal, the 130
storage site, the time the vehicle or vessel was towed or 131
removed, and the make, model, color, and license plate number of 132
the vehicle or description and registration number of the vessel 133
and shall obtain the name of the person at that department to 134
whom such information was reported and note that name on the 135
trip record. 136
3. A person in the process of towing or removing a vehicle 137
or vessel from the premises or parking lot in which the vehicle 138
or vessel is not lawfully parked must stop when a person seeks 139
the return of the vehicle or vessel. The vehicle or vessel must 140
be returned upon the payment of a reasonable service fee of not 141
more than one-half of the posted rate for the towing or removal 142
service as provided in subparagraph 6. The vehicle or vessel may 143
be towed or removed if, after a reasonable opportunity, the 144
owner or legally authorized person in control of the vehicle or 145
vessel is unable to pay the service fee. If the vehicle or 146
vessel is redeemed, a detailed signed receipt must be given to 147
the person redeeming the vehicle or vessel. 148
4. A person may not pay or accept money or other valuable 149
consideration for the privilege of towing or removing vehicles 150
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or vessels from a particular location. 151
5. Except for property appurtenant to and obviously a part 152
of a single-family residence, and except for instances when 153
notice is personally given to the owner or other legally 154
authorized person in control of the vehicle or vessel that the 155
area in which that ve hicle or vessel is parked is reserved or 156
otherwise unavailable for unauthorized vehicles or vessels and 157
that the vehicle or vessel is subject to being removed at the 158
owner's or operator's expense, any property owner or lessee, or 159
person authorized by the p roperty owner or lessee, before towing 160
or removing any vehicle or vessel from private property without 161
the consent of the owner or other legally authorized person in 162
control of that vehicle or vessel, must post a notice meeting 163
the following requirements: 164
a. The notice must be prominently placed at each driveway 165
access or curb cut allowing vehicular access to the property 166
within 10 feet from the road, as defined in s. 334.03(22). If 167
there are no curbs or access barriers, the signs must be posted 168
not fewer than one sign for each 25 feet of lot frontage. 169
b. The notice must clearly indicate, in not fewer than 2 -170
inch high, light-reflective letters on a contrasting background, 171
that unauthorized vehicles will be towed away at the owner's 172
expense. The words "to w-away zone" must be included on the sign 173
in not fewer than 4-inch high letters. 174
c. The notice must also provide the name and current 175
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telephone number of the person or firm towing or removing the 176
vehicles or vessels. 177
d. The sign structure containing th e required notices must 178
be permanently installed with the words "tow -away zone" not 179
fewer than 3 feet and not more than 6 feet above ground level 180
and must be continuously maintained on the property for not 181
fewer than 24 hours before the towing or removal o f any vehicles 182
or vessels. 183
e. The local government may require permitting and 184
inspection of these signs before any towing or removal of 185
vehicles or vessels being authorized. 186
f. A business with 20 or fewer parking spaces satisfies 187
the notice requirement s of this subparagraph by prominently 188
displaying a sign stating "Reserved Parking for Customers Only 189
Unauthorized Vehicles or Vessels Will be Towed Away At the 190
Owner's Expense" in not fewer than 4 -inch high, light-reflective 191
letters on a contrasting backgr ound. 192
g. A property owner towing or removing vessels from real 193
property must post notice, consistent with the requirements in 194
sub-subparagraphs a.-f., which apply to vehicles, that 195
unauthorized vehicles or vessels will be towed away at the 196
owner's expense. 197
198
A business owner or lessee may authorize the removal of a 199
vehicle or vessel by a towing company when the vehicle or vessel 200
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is parked in such a manner that restricts the normal operation 201
of business; and if a vehicle or vessel parked on a public 202
right-of-way obstructs access to a private driveway the owner, 203
lessee, or agent may have the vehicle or vessel removed by a 204
towing company upon signing an order that the vehicle or vessel 205
be removed without a posted tow -away zone sign. 206
6. Any person or firm tha t tows or removes vehicles or 207
vessels and proposes to require an owner, operator, or person in 208
control or custody of a vehicle or vessel to pay the costs of 209
towing and storage before redemption of the vehicle or vessel 210
must file and keep on record with the local law enforcement 211
agency a complete copy of the current rates to be charged for 212
such services and post at the storage site an identical rate 213
schedule and any written contracts with property owners, 214
lessees, or persons in control of property which auth orize such 215
person or firm to remove vehicles or vessels as provided in this 216
section. 217
7. Any person or firm towing or removing any vehicles or 218
vessels from private property without the consent of the owner 219
or other legally authorized person in control or custody of the 220
vehicles or vessels shall, on any trucks, wreckers as defined in 221
s. 713.78(1)(c), or other vehicles used in the towing or 222
removal, have the name, address, and telephone number of the 223
company performing such service clearly printed in contras ting 224
colors on the driver and passenger sides of the vehicle. The 225
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name shall be in at least 3 -inch permanently affixed letters, 226
and the address and telephone number shall be in at least 1 -inch 227
permanently affixed letters. 228
8. Vehicle entry for the purpose of removing the vehicle 229
or vessel shall be allowed with reasonable care on the part of 230
the person or firm towing the vehicle or vessel. Such person or 231
firm shall be liable for any damage occasioned to the vehicle or 232
vessel if such entry is not in accordan ce with the standard of 233
reasonable care. 234
9.a. When a vehicle or vessel has been towed or removed 235
pursuant to this section, it must be released to its owner or 236
person in control or custody within 1 hour after requested. Any 237
vehicle or vessel owner or pers on in control or custody has the 238
right to inspect the vehicle or vessel before accepting its 239
return, and no release or waiver of any kind which would release 240
the person or firm towing the vehicle or vessel from liability 241
for damages noted by the owner or p erson in control or custody 242
at the time of the redemption may be required from any vehicle 243
or vessel owner or person in control or custody as a condition 244
of release of the vehicle or vessel to its owner or person in 245
control or custody. 246
b. Notwithstanding any provision of this section to the 247
contrary, a towing company may not release a vehicle owned by a 248
rental car company to the person who rented the vehicle unless 249
the rental car company appoints the person who rented the 250
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vehicle as its agent, which agenc y is evidenced by an original 251
writing acknowledged by the rental car company before a notary 252
public or other person empowered by law to administer oaths, 253
authorizing the person to inspect and redeem the towed vehicle. 254
c. A detailed receipt showing the le gal name of the 255
company or person towing or removing the vehicle or vessel must 256
be given to the person paying towing or storage charges at the 257
time of payment, whether requested or not requested. 258
Section 4. This act shall take effect July 1, 2022. 259