The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 990
INTRODUCER: Senator Diaz
SUBJECT: Towing Vehicles
DATE: January 13, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Favorable
2. TR
3. RC
I. Summary:
SB 990 clarifies that an investigating agency may have a wrecker operator tow a motor vehicle
directly from the scene of the tow to the investigating agency’s storage facility. If a motor
vehicle is towed directly to the investigating agency’s storage facility, the vehicle may not be
released to the owner or lienholder until proof of payment of the towing and storage charges
incurred by the wrecker operator is presented to the investigating agency. If the investigating
agency releases the vehicle without such proof of payment, the investigating agency must pay
the wrecker operator accrued expenses within 60 days of the vehicle’s release. Additionally, the
bill clarifies that the investigating agency’s payment to the wrecker operator following a judicial
finding of no probable cause must occur within 60 days.
The bill also provides that for the purposes of a wrecker operator releasing a vehicle to the
owner’s agent, or for the purposes of releasing a vehicle that has been towed from private
property, a rental agreement is insufficient to convey agency necessary to authorize the vehicle’s
release. A rental car company must appoint a person its agent by original notarized writing.
The bill takes effect July 1, 2022.
II. Present Situation:
County and Municipal Wrecker Operator Systems
A county or municipal government may contract with one or more wrecker operators to tow or
remove wrecked, disabled, or abandoned vehicles from streets, highways, and accident sites.
1
1
Section 323.002(1)(c), F.S. The definition of “vehicle” does not include a vessel or trailer intended for the transport on land
of a vessel. See s. 320.01, F.S. (defining “motor vehicle” for the purpose of issuance of motor vehicle licenses and separately
defining a “marine boat trailer dealer” as a person engaged in “business of buying … trailers specifically designed to be
drawn by another vehicle and used for the transportation on land of vessels.”)
REVISED: BILL: SB 990 Page 2
After the establishment of such contract(s), the county or municipality must create a “wrecker
operator system” to apportion towing assignments between the contracted wrecker services. This
apportionment may occur through the creation of geographic zones, a rotation schedule, or a
combination of those methods.
2
Any wrecker operator that is included in the wrecker operator
system is an “authorized wrecker operator” in the jurisdiction, while any wrecker operation not
included is an “unauthorized wrecker operator.”
3
Counties must establish maximum rates for the towing of vehicles removed from private
property, as well as the towing and storage of vehicles removed from the scene of an accident or
from where the vehicle is towed at the request of a law enforcement officer. Municipalities are
also authorized to adopt maximum rate ordinances. If a municipality enacts an ordinance to
establish towing fees, the county ordinance will not apply within the municipality.
4
A county or
municipality may not establish rates, including a maximum rate, for the towing of vessels.
5
Vehicle Holds, Wrecker Operator Storage Facilities, and Liens
An investigating agency may place a hold on a motor vehicle stored within a wrecker operator’s
storage facility for up to five business days.
6
A hold may be applied when the officer has
probable cause to believe the vehicle:
Should be seized under the Florida Contraband Forfeiture Act or ch. 379, F.S.;
Was used as the means of committing a crime;
Is evidence that tends to show a crime has been committed; or
Was involved in a traffic accident resulting in death or personal injury.
7
An officer may also apply a hold when the vehicle is impounded under s. 316.193, F.S., (relating
to driving under the influence), or s. 322.34, F.S., (relating to driving with a suspended or
revoked license), or when the officer is complying with a court order.
8
The hold must be in
writing and include the name and agency of the law enforcement officer placing the hold, the
date and time the hold is placed on the vehicle, a general description of the vehicle, the specific
reason for the hold, the condition of the vehicle, the location where the vehicle is being held, and
the name and contact information for the wrecker operator and storage facility.
9
The investigating agency must inform the wrecker operator within the five-day holding period if
the agency intends to hold the vehicle for a longer time.
10
The vehicle owner is liable for towing
and storage charges for the first five days. If the vehicle is held beyond five days, the
investigating agency may choose to have the vehicle stored at a designated impound lot or to pay
for storage at the wrecker operator’s storage facility.
11
2
Id.
3
Section 323.002(1)(a)-(b), F.S.
4
Sections 125.0103(1)(c) and 166.043(1)(c), F.S.
5
Compare s. 125.0103(1)(c), F.S. (requiring a county to establish maximum rates for towing of vehicles) with s. 715.07, F.S.
(towing of vehicles or vessels parked on private property).
6
Section 323.001(1), F.S.
7
Section 323.001(4)(a)-(e), F.S.
8
Section 323.001(4)(f)-(g), F.S.
9
Section 323.001(5), F.S.
10
Section 323.001(2), F.S.
11
Section 323.001(2)(a)-(b), F.S. BILL: SB 990 Page 3
A wrecker operator or other person engaged in the business of transporting vehicles or vessels
who recovers, removes, or stores a vehicle or vessel possesses a lien on the vehicle or vessel for
a reasonable towing fee and storage fee if the vehicle or vessel is removed upon instructions
from:
The owner of the vehicle or vessel;
The owner, lessor, or authorized person acting on behalf of the owner/lessor of property on
which the vehicle or vessel is wrongly parked (as long as the removal is performed according
to s. 715.07, F.S.);
The landlord or authorized person acting on behalf of a landlord, when the vehicle or vessel
remains on the property after the expiration of tenancy and the removal is performed
pursuant to enforcing a lien pursuant to s. 83.806, F.S., or for the removal of property left
after a lease is vacated under s. 715.104, F.S.; or
Any law enforcement agency.
12
Recovery of a Vehicle or Vessel from a Towing-Storage Operator
Towing and storage operators must permit vehicle or vessel owners, lienholders, insurance
company representatives, or agents to inspect a towed vehicle or vessel and release to that person
all personal property that was not affixed when the vehicle or vessel came into the custody of the
towing or storage operator.
13
The authorization of agency must be documented in an original
writing acknowledged by the owner before a notary public or someone authorized to administer
oaths. This subsection, however, does not provide guidance on how an interested party may take
possession of the vehicle or vessel once it has been towed or stored.
Whoever violates the inspection provisions contained in s. 713.78 (10) , F.S., is guilty of a third
degree felony which is punishable by a fine that does not exceed $5,000
14
and imprisonment that
does not exceed five years.
15
Towing from Private Property
A vehicle or vessel may be towed at the direction of an owner or lessee of real property, or their
designee if the vehicle or vessel is parked on the property without permission.
16
A person
regularly engaged in the business of towing vehicles or vessels must conduct the tow. The
towing or removal of any vehicle or vessel from private property without the consent of the
registered owner or another legally authorized person in control of that vehicle or vessel is
subject to strict compliance with certain conditions and restrictions. These conditions and
restrictions include:
17
12
Section 713.78(2), F.S.
13
Section 713.78(1), F.S.
14
Section 775.083(1)(c), F.S.
15
Section 775.082(3)(e), F.S.
16
Section 715.07(2), F.S.
17
Section 715.07(2)(a), F.S. BILL: SB 990 Page 4
Any towed or removed vehicle or vessel must be stored at a site within a specified distance
of the point of removal.
18
The towing company must notify local law enforcement within 30 minutes of completing the
tow of the storage site; the time the vehicle or vessel was towed; and the make, model, color,
and license plate number of the vehicle or description and registration number of the vessel.
The towing truck operation is required to record the name of the law enforcement officer
who received the information in the trip record.
The owner of a vehicle or vessel must be allowed to redeem the vehicle or vessel from the
towing company if the owner seeks the return before the tow has occurred. The towing
company may charge a reasonable service fee of up to one-half of the posted towing rate for
the return of the vehicle or vessel and may tow the vehicle or vessel if the owner is unable to
pay the fee after a reasonable opportunity.
A towing company may not pay or accept money in exchange for the privilege of towing or
removing vehicles or vessels from a particular location.
If the towing company requires the owner of a vehicle to pay the costs of towing and storage
before redemption, the towing company must file and keep on record its rate schedule with
the local law enforcement agency and post the rate schedule at the storage site.
Trucks and wreckers used by the towing company must have the name, address, and
telephone number of the company printed on both sides of the vehicle in contrasting letters.
The name of the towing company must be in 3-inch or taller permanently affixed letters,
while the address and telephone number must be in 1-inch or taller permanently affixed
letters.
The towing company must exercise reasonable care when entering a vehicle or vessel to
remove it. The towing company is liable for any damage to the vehicle caused by failure to
exercise reasonable care.
The vehicle or vessel must be released to its owner within one hour after request. The owner
maintains a right to inspect the vehicle or vessel, and the towing company operation may not
require a release or waiver of damages to be signed as a condition of returning the vehicle.
The towing company operator must issue a detailed, single receipt to the owner of the vehicle
or vessel.
Additionally, a vehicle or vessel may not be towed without consent of its owner, except from
property appurtenant to a single-family residence, unless a notice is posted which states the area
in which that vehicle or vessel is parked is reserved or otherwise unavailable for unauthorized
vehicles or that the vehicle or vessel is subject to being removed at the owner’s or operator’s
expense and the notice meets the following requirements:
19
The notice is placed prominently at each driveway access or curb cut, within five feet from
the public right-of-way line. If the property has no curbs or access barriers, signs must be
posted at least once every 25 feet of lot frontage.
18
Section 715.07(2)(a)1.a., F.S. The vehicle or vessel must be stored within a 10-mile radius of the removal point in a county
with a population of at least 500,000 and within a 15-mile radius of the removal point in a county with a population of fewer
than 500,000. If no towing business operated within the given area, these radiuses are extended to 20 miles (for a county with
a population of at least 500,000) and 30 miles (for a county with a population of fewer than 500,000). The site must be open
from 8 am to 6 pm when the towing business is in operation and must post a telephone number where the operator of the site
can be reached when the site is closed. The operator must return to the site within one hour.
19
Section 715.07(2)(a)5, F.S. BILL: SB 990 Page 5
The notice must indicate, in not less than 2-inch high, light-reflective letters on a contrasting
background, that unauthorized vehicles will be towed away at the owner’s expense and
contain the words “tow-away zone” in letters not less than 4 inches high.
The notice must provide the name and telephone number of the towing company.
The sign containing the notices must be permanently installed in such a way that the words
“tow-away zone” is between three and six feet above ground level and the sign must have
been continuously maintained on the property for not less than 24 hours before the towing of
any vehicle or vessel.
Local governments may also require permitting and inspection of signage before any towing
is authorized.
A business with 20 or fewer parking spaces may satisfy the requirement by prominently
displaying a sign stating “Reserved Parking for Customers Only Unauthorized Vehicles or
Vessels Will be Towed Away At the Owner’s Expense” in not less than 4-inch high, light-
reflective letters on a contrasting background.
A property owner towing or removing vessels from real property must post a notice,
consistent with the requirements in the statute which apply to vehicles,
20
that unauthorized
vehicles or vessels will be towed away at the owner’s expense.
A vehicle or vessel may be towed even in the absence of a tow-away zone sign if the vehicle or
vessel is parked in such a way that it restricts the normal operation of a business or restricts
access to a private driveway and the business owner or lessee requests the tow.
21
III. Effect of Proposed Changes:
Section 1 amends s. 323.001, F.S., to clarify that an investigating agency may have a wrecker
operator tow a motor vehicle directly from the scene of the tow to the investigating agency’s
storage facility. If a motor vehicle is towed directly to the investigating agency’s storage facility,
the vehicle may not be released to the owner or lienholder until proof of payment of the towing
and storage charges incurred by the wrecker operator is presented to the investigating agency. If
the investigating agency releases the vehicle without such proof of payment, the investigating
agency must pay the wrecker operator accrued expenses within 60 days of the vehicle’s release.
Additionally, the section clarifies that the investigating agency’s payment to the wrecker
operator following a judicial finding of no probable cause must occur within 60 days.
Section 2 amends s. 713.78, F.S., to provide that, for the purposes of a wrecker operator
releasing a vehicle to the owner’s agent, a rental agreement is insufficient to convey agency. A
rental car company must appoint a person its agent by original notarized writing.
Section 3 amends s. 715.07, F.S., to provide that a rental agreement is insufficient to convey
agency for the purposes of releasing a vehicle that has been towed from private property. A
rental car company must appoint a person its agent by original notarized writing.
Section 4 provides that the bill takes effect July 1, 2022.
20
These requirements are contained in s. 715.07(2)(a)5.a.-f., F.S.
21
Section 715.07(2)(a)5, F.S. BILL: SB 990 Page 6
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 323.001, 713.78, and 715.07 of the Florida Statutes. BILL: SB 990 Page 7
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.