Florida 2022 Regular Session

Florida House Bill H0867 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 867 2022
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10	10	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
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12	12
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14	14	A bill to be entitled 1
15	15	An act relating to towing, storage, and release of 2
16	16	motor vehicles; amending s. 323.001, F.S.; providing 3
17	17	construction; providing requirements for the release 4
18	18	of a motor vehicle towed to an investigating agency's 5
19	19	storage facility; requiring the investigating agency 6
20	20	to pay towing and storage charges to a wrecker 7
21	21	operator under certain circumstances; amending ss. 8
22	22	713.78 and 715.07, F.S.; prohibiting a towing company 9
23	23	from releasing a motor vehicle owned by a rental car 10
24	24	company to the person who rented the vehicle unless 11
25	25	the person is appointed as an agent of the rental car 12
26	26	company; providing requirements for evidence of such 13
27	27	agency; providing an effective date. 14
28	28	15
29	29	Be It Enacted by the Legislature of the State of Florida: 16
30	30	17
31	31	Section 1. Subsection (1), paragraph (a) of subsection 18
32	32	(2), and subsection (3) of section 323.001, Florida Statutes, 19
33	33	are amended to read: 20
34	34	323.001 Wrecker operator storage facilities; vehicle 21
35	35	holds.— 22
36	36	(1)(a) An investigating agency may place a hold on a motor 23
37	37	vehicle stored within a wrecker operator's storage facility for 24
38	38	up to a period not to exceed 5 days, excluding holidays and 25
39	39
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47	47	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
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49	49
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51	51	weekends, unless extended in writing as provided in subsection 26
52	52	(2). 27
53	53	(b) This section does not prohibit an investigating agency 28
54	54	from having a wrecker operator tow a vehicle directly from the 29
55	55	scene of the tow to the investigating agency's storage facility. 30
56	56	If a vehicle is towed directly from the scene of the tow to the 31
57	57	investigating agency's storage facility, the investigating 32
58	58	agency may not release the vehicle to the owner or lienholder of 33
59	59	the vehicle until proof of payment of the towing and storage 34
60	60	charges incurred by the wrecker operator is presented to the 35
61	61	investigating agency. If the investigating agency releases the 36
62	62	vehicle to the owner or lienholder without obtaining such proof 37
63	63	of payment, the investigating agency must pay the wrecker 38
64	64	operator such towing and storage charges within 60 days after 39
65	65	the vehicle is relea sed. 40
66	66	(2) The investigating agency must notify the wrecker 41
67	67	operator in writing within 5 days, excluding holidays and 42
68	68	weekends, whether the hold is to be continued. If no 43
69	69	notification follows this period of time, the wrecker operator 44
70	70	may release the vehicl e to the designated person pursuant to s. 45
71	71	713.78. 46
72	72	(a) If the hold is to continue beyond 5 days, excluding 47
73	73	holidays and weekends, the investigating agency may have the 48
74	74	vehicle removed to a designated impound lot, in which event the 49
75	75	vehicle will not be rel eased by the investigating agency to the 50
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84	84	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
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88	88	owner or lienholder of the vehicle until proof of payment of the 51
89	89	towing and storage charges incurred by the wrecker operator is 52
90	90	presented to the investigating agency. If the investigating 53
91	91	agency releases the vehicle to the owner or lienholder without 54
92	92	obtaining such proof of payment, the investigating agency must 55
93	93	pay the wrecker operator such towing and storage charges within 56
94	94	60 days after the vehicle is released. 57
95	95	(3) If there is a judicial finding of no probable ca use 58
96	96	for having continued the immobilization or impoundment, the 59
97	97	investigating agency ordering the hold must pay the wrecker 60
98	98	operator the accrued charges for any towing and storage within 61
99	99	60 days after the judicial finding . 62
100	100	Section 2. Subsection (10) of section 713.78, Florida 63
101	101	Statutes, is amended to read: 64
102	102	713.78 Liens for recovering, towing, or storing vehicles 65
103	103	and vessels.— 66
104	104	(10)(a) Persons who provide services pursuant to this 67
105	105	section shall permit vehicle or vessel owners, lienholders, 68
106	106	insurance company representatives, or their agents, which agency 69
107	107	is evidenced by an original writing acknowledged by the owner 70
108	108	before a notary public or other person empowered by law to 71
109	109	administer oaths, to inspect the towed vehicle or vessel and 72
110	110	shall release to the owner, lienholder, or agent the vehicle, 73
111	111	vessel, or all personal property not affixed to the vehicle or 74
112	112	vessel which was in the vehicle or vessel at the time the 75
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121	121	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
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125	125	vehicle or vessel came into the custody of the person providing 76
126	126	such services. 77
127	127	(b) Notwithstanding any provision of this section to the 78
128	128	contrary, a rental car agreement does not constitute evidence 79
129	129	that the person who rented a vehicle is an agent of the owner of 80
130	130	the rental car. A towing company may not release a vehicle owned 81
131	131	by a rental car comp any to the person who rented the vehicle 82
132	132	unless the rental car company appoints the person who rented the 83
133	133	vehicle as its agent, which agency is evidenced by an original 84
134	134	writing acknowledged by the rental car company before a notary 85
135	135	public or other person e mpowered by law to administer oaths, 86
136	136	authorizing the person to inspect and redeem the towed vehicle. 87
137	137	Section 3. Paragraph (a) of subsection (2) of section 88
138	138	715.07, Florida Statutes, is amended to read: 89
139	139	715.07 Vehicles or vessels parked on private property; 90
140	140	towing.— 91
141	141	(2) The owner or lessee of real property, or any person 92
142	142	authorized by the owner or lessee, which person may be the 93
143	143	designated representative of the condominium association if the 94
144	144	real property is a condominium, may cause any vehicle or vessel 95
145	145	parked on such property without her or his permission to be 96
146	146	removed by a person regularly engaged in the business of towing 97
147	147	vehicles or vessels, without liability for the costs of removal, 98
148	148	transportation, or storage or damages caused by such removal, 99
149	149	transportation, or storage, under any of the following 100
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158	158	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
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160	160
161	161
162	162	circumstances: 101
163	163	(a) The towing or removal of any vehicle or vessel from 102
164	164	private property without the consent of the registered owner or 103
165	165	other legally authori zed person in control of that vehicle or 104
166	166	vessel is subject to substantial compliance with the following 105
167	167	conditions and restrictions: 106
168	168	1.a. Any towed or removed vehicle or vessel must be stored 107
169	169	at a site within a 10 -mile radius of the point of removal in a ny 108
170	170	county of 500,000 population or more, and within a 15 -mile 109
171	171	radius of the point of removal in any county of fewer than 110
172	172	500,000 population. That site must be open for the purpose of 111
173	173	redemption of vehicles on any day that the person or firm towing 112
174	174	such vehicle or vessel is open for towing purposes, from 8:00 113
175	175	a.m. to 6:00 p.m., and, when closed, shall have prominently 114
176	176	posted a sign indicating a telephone number where the operator 115
177	177	of the site can be reached at all times. Upon receipt of a 116
178	178	telephoned request t o open the site to redeem a vehicle or 117
179	179	vessel, the operator shall return to the site within 1 hour or 118
180	180	she or he will be in violation of this section. 119
181	181	b. If no towing business providing such service is located 120
182	182	within the area of towing limitations set for th in sub-121
183	183	subparagraph a., the following limitations apply: any towed or 122
184	184	removed vehicle or vessel must be stored at a site within a 20 -123
185	185	mile radius of the point of removal in any county of 500,000 124
186	186	population or more, and within a 30 -mile radius of the poin t of 125
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	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
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197	197
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199	199	removal in any county of fewer than 500,000 population. 126
200	200	2. The person or firm towing or removing the vehicle or 127
201	201	vessel shall, within 30 minutes after completion of such towing 128
202	202	or removal, notify the municipal police department or, in an 129
203	203	unincorporated area, the sheriff, of such towing or removal, the 130
204	204	storage site, the time the vehicle or vessel was towed or 131
205	205	removed, and the make, model, color, and license plate number of 132
206	206	the vehicle or description and registration number of the vessel 133
207	207	and shall obtain the name of the person at that department to 134
208	208	whom such information was reported and note that name on the 135
209	209	trip record. 136
210	210	3. A person in the process of towing or removing a vehicle 137
211	211	or vessel from the premises or parking lot in which the vehicle 138
212	212	or vessel is not lawfully parked must stop when a person seeks 139
213	213	the return of the vehicle or vessel. The vehicle or vessel must 140
214	214	be returned upon the payment of a reasonable service fee of not 141
215	215	more than one-half of the posted rate for the towing or removal 142
216	216	service as provided in subparagraph 6. The vehicle or vessel may 143
217	217	be towed or removed if, after a reasonable opportunity, the 144
218	218	owner or legally authorized person in control of the vehicle or 145
219	219	vessel is unable to pay the service fee. If the vehicle or 146
220	220	vessel is redeemed, a detailed signed receipt must be given to 147
221	221	the person redeeming the vehicle or vessel. 148
222	222	4. A person may not pay or accept money or other valuable 149
223	223	consideration for the privilege of towing or removing vehicles 150
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232	232	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
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236	236	or vessels from a particular location. 151
237	237	5. Except for property appurtenant to and obviously a part 152
238	238	of a single-family residence, and except for instances when 153
239	239	notice is personally given to the owner or other legally 154
240	240	authorized person in control of the vehicle or vessel that the 155
241	241	area in which that ve hicle or vessel is parked is reserved or 156
242	242	otherwise unavailable for unauthorized vehicles or vessels and 157
243	243	that the vehicle or vessel is subject to being removed at the 158
244	244	owner's or operator's expense, any property owner or lessee, or 159
245	245	person authorized by the p roperty owner or lessee, before towing 160
246	246	or removing any vehicle or vessel from private property without 161
247	247	the consent of the owner or other legally authorized person in 162
248	248	control of that vehicle or vessel, must post a notice meeting 163
249	249	the following requirements: 164
250	250	a. The notice must be prominently placed at each driveway 165
251	251	access or curb cut allowing vehicular access to the property 166
252	252	within 10 feet from the road, as defined in s. 334.03(22). If 167
253	253	there are no curbs or access barriers, the signs must be posted 168
254	254	not fewer than one sign for each 25 feet of lot frontage. 169
255	255	b. The notice must clearly indicate, in not fewer than 2 -170
256	256	inch high, light-reflective letters on a contrasting background, 171
257	257	that unauthorized vehicles will be towed away at the owner's 172
258	258	expense. The words "to w-away zone" must be included on the sign 173
259	259	in not fewer than 4-inch high letters. 174
260	260	c. The notice must also provide the name and current 175
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269	269	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
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273	273	telephone number of the person or firm towing or removing the 176
274	274	vehicles or vessels. 177
275	275	d. The sign structure containing th e required notices must 178
276	276	be permanently installed with the words "tow -away zone" not 179
277	277	fewer than 3 feet and not more than 6 feet above ground level 180
278	278	and must be continuously maintained on the property for not 181
279	279	fewer than 24 hours before the towing or removal o f any vehicles 182
280	280	or vessels. 183
281	281	e. The local government may require permitting and 184
282	282	inspection of these signs before any towing or removal of 185
283	283	vehicles or vessels being authorized. 186
284	284	f. A business with 20 or fewer parking spaces satisfies 187
285	285	the notice requirement s of this subparagraph by prominently 188
286	286	displaying a sign stating "Reserved Parking for Customers Only 189
287	287	Unauthorized Vehicles or Vessels Will be Towed Away At the 190
288	288	Owner's Expense" in not fewer than 4 -inch high, light-reflective 191
289	289	letters on a contrasting backgr ound. 192
290	290	g. A property owner towing or removing vessels from real 193
291	291	property must post notice, consistent with the requirements in 194
292	292	sub-subparagraphs a.-f., which apply to vehicles, that 195
293	293	unauthorized vehicles or vessels will be towed away at the 196
294	294	owner's expense. 197
295	295	198
296	296	A business owner or lessee may authorize the removal of a 199
297	297	vehicle or vessel by a towing company when the vehicle or vessel 200
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306	306	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
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310	310	is parked in such a manner that restricts the normal operation 201
311	311	of business; and if a vehicle or vessel parked on a public 202
312	312	right-of-way obstructs access to a private driveway the owner, 203
313	313	lessee, or agent may have the vehicle or vessel removed by a 204
314	314	towing company upon signing an order that the vehicle or vessel 205
315	315	be removed without a posted tow -away zone sign. 206
316	316	6. Any person or firm tha t tows or removes vehicles or 207
317	317	vessels and proposes to require an owner, operator, or person in 208
318	318	control or custody of a vehicle or vessel to pay the costs of 209
319	319	towing and storage before redemption of the vehicle or vessel 210
320	320	must file and keep on record with the local law enforcement 211
321	321	agency a complete copy of the current rates to be charged for 212
322	322	such services and post at the storage site an identical rate 213
323	323	schedule and any written contracts with property owners, 214
324	324	lessees, or persons in control of property which auth orize such 215
325	325	person or firm to remove vehicles or vessels as provided in this 216
326	326	section. 217
327	327	7. Any person or firm towing or removing any vehicles or 218
328	328	vessels from private property without the consent of the owner 219
329	329	or other legally authorized person in control or custody of the 220
330	330	vehicles or vessels shall, on any trucks, wreckers as defined in 221
331	331	s. 713.78(1)(c), or other vehicles used in the towing or 222
332	332	removal, have the name, address, and telephone number of the 223
333	333	company performing such service clearly printed in contras ting 224
334	334	colors on the driver and passenger sides of the vehicle. The 225
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343	343	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
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347	347	name shall be in at least 3 -inch permanently affixed letters, 226
348	348	and the address and telephone number shall be in at least 1 -inch 227
349	349	permanently affixed letters. 228
350	350	8. Vehicle entry for the purpose of removing the vehicle 229
351	351	or vessel shall be allowed with reasonable care on the part of 230
352	352	the person or firm towing the vehicle or vessel. Such person or 231
353	353	firm shall be liable for any damage occasioned to the vehicle or 232
354	354	vessel if such entry is not in accordan ce with the standard of 233
355	355	reasonable care. 234
356	356	9.a. When a vehicle or vessel has been towed or removed 235
357	357	pursuant to this section, it must be released to its owner or 236
358	358	person in control or custody within 1 hour after requested. Any 237
359	359	vehicle or vessel owner or pers on in control or custody has the 238
360	360	right to inspect the vehicle or vessel before accepting its 239
361	361	return, and no release or waiver of any kind which would release 240
362	362	the person or firm towing the vehicle or vessel from liability 241
363	363	for damages noted by the owner or p erson in control or custody 242
364	364	at the time of the redemption may be required from any vehicle 243
365	365	or vessel owner or person in control or custody as a condition 244
366	366	of release of the vehicle or vessel to its owner or person in 245
367	367	control or custody. 246
368	368	b. Notwithstanding any provision of this section to the 247
369	369	contrary, a towing company may not release a vehicle owned by a 248
370	370	rental car company to the person who rented the vehicle unless 249
371	371	the rental car company appoints the person who rented the 250
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380	380	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
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384	384	vehicle as its agent, which agenc y is evidenced by an original 251
385	385	writing acknowledged by the rental car company before a notary 252
386	386	public or other person empowered by law to administer oaths, 253
387	387	authorizing the person to inspect and redeem the towed vehicle. 254
388	388	c. A detailed receipt showing the le gal name of the 255
389	389	company or person towing or removing the vehicle or vessel must 256
390	390	be given to the person paying towing or storage charges at the 257
391	391	time of payment, whether requested or not requested. 258
392	392	Section 4. This act shall take effect July 1, 2022. 259