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 Rules
BILL: CS/SB 990
INTRODUCER: Transportation Committee and Senator Diaz
SUBJECT: Towing Vehicles
DATE: February 25, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Favorable
2. Price Vickers TR Fav/CS
3. Hackett Phelps RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/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.
In addition, the bill:
Revises the timeframe required for sending a notice of lien provided by a wrecker operator
for fees or charges for the recovery, towing, or storage of a vehicle or vessel. The notice must
be sent by certified mail no earlier than six hours before, and no later than seven business
days after, the date of storage of the vehicle or vessel.
Clarifies that a wrecker operator in possession of a towed vehicle or vessel must release the
vehicle, vessel, or all personal property in the vehicle or vessel only to the owner, lienholder,
or agent.
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
REVISED: BILL: CS/SB 990 Page 2
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.
Revises a lienor’s authorization to charge an “administrative” fee to the registered owner or
another person claiming a lien against a vehicle or vessel for releasing a claim of lien, not to
exceed $250. The bill authorizes a lienor to charge a $75 “notification” fee, plus the actual
costs of complying with specified notice requirements, not to exceed $250.
Provides that if a towing-storage operator uses a third-party service approved by the
Department of Highway Safety and Motor Vehicles (DHSMV) to transmit the required
notices, proof of mailing by the third-party service is proof that the towing-storage operator
made a good faith effort to comply with the notice requirements, regardless of whether the
recipient accepts delivery or otherwise receives notice.
The bill also preempts to the state regulation of claiming a lien for the recovery, removal,
towing, or storage of a vehicle or vessel and supersedes any county or municipal ordinance,
resolution, rule, regulation, or otherwise to the contrary.
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
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 or vessels removed from
private property, as well as the towing and storage of vehicles or vessels removed from the scene
of an accident or from where the vehicle or vessel is towed at the request of a law enforcement
officer. Municipalities are also authorized to adopt maximum rate ordinances. If a municipality
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 the “business of buying … trailers specifically designed to be
drawn by another vehicle and used for the transportation on land of vessels.”) But see s. 323.002(4)(b), F.S., which expressly
authorizes a county or municipality to adopt or maintain an ordinance or rule that imposes a reasonable administrative fee or
charge on the registered owner or other legally authorized person in control of a vehicle or vessel that is towed by an
authorized wrecker operator, not to exceed 25 percent of the maximum towing rate, to cover the cost of enforcement,
including parking enforcement, by the county or municipality when the vehicle or vessel is towed from public property. The
fee, if imposed and collected by an authorized wrecker operator or towing business, must be remitted to the county or
municipality after it is collected.
2
Section 323.002(1)(c), F.S.
3
Section 323.002(1)(a)-(b), F.S. BILL: CS/SB 990 Page 3
enacts an ordinance to establish towing fees, the county ordinance will not apply within the
municipality.
4
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, unless extended in writing.
5
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.
6
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.
7
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.
8
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.
9
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, in which
case the vehicle may not be released by the investigating agency to the owner or lienholder of the
vehicle until proof of payment of the towing and storage charges incurred by the wrecker
operator is presented to the investigating agency or, if the tow operator chooses to leave the
vehicle at the wrecker operator’s storage facility, to pay for storage.
10
If a subsequent judicial
finding of no probable cause for having continued the hold occurs, the investigating agency
ordering the hold is required to pay the accrued charges for any towing and storage.
11
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, an administrative fee or charge imposed by a county or municipality,
4
Sections 125.0103(1)(c) and 166.043(1)(c), F.S. Section 715.07, F.S., relates to the towing and storage of vehicles or
vessels illegally parked on private property without the consent of the registered owner or other legally authorized person in
control of the vehicle. That section addresses towing, for example, at the direction of the owner or lessee of a condominium
association or of a business owner, not at the direction of law enforcement. See “Towing from Private Property” heading
below.
5
Section 323.001(1), F.S.
6
Section 323.001(4)(a)-(e), F.S.
7
Section 323.001(4)(f)-(g), F.S.
8
Section 323.001(5), F.S.
9
Section 323.001(2), F.S.
10
Section 323.001(2)(a)-(b), F.S.
11
Section 323.001(3), F.S. BILL: CS/SB 990 Page 4
and a storage fee (for a vehicle or vessel stored for six hours or more) 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
A wrecker operator who claims a lien is required to give notice, by certified mail, to the
registered owner, the insurance company insuring the vehicle, and all persons claiming a lien, as
disclosed by the records in the Department of Highway Safety and Motor Vehicles (DHSMV) or
as disclosed by the records of any corresponding agency in any other state in which the vehicle is
identified through a records check.
A towing-storage operator currently must use a third-party service
13
approved by the DHSMV to
transmit the notice (as well as any other notices required under s. 713.78, F.S.). If there is no
approved service, the operator may mail the notice and provide evidence of compliance upon
application for a certificate of title.
14
The notice of lien must be sent by certified mail within
seven business days after the date of storage of the vehicle or vessel.
15
A lienor or its agent may currently charge an administrative fee
16
to the registered owner or other
person claiming a lien against the vehicle or vessel for a release from the lien, not to exceed
$250.
17
If a towing-storage operator is unsuccessful in locating the name and address of the owner or
other lienholder, the operator must, after seven business days after the initial tow or storage,
notify the jurisdictional entity where the vehicle or vessel is stored, in writing by certified mail or
acknowledged hand delivery, that the operator has been unable to local the name and address, a
physical search of the vehicle or vessel has revealed no ownership information, and a “good faith
12
Section 713.78(2), F.S.
13
The term “third-party service” is defined in s. 713.78(16)(a), F.S., to mean a qualified business entity that, upon a request
submitted through a website by an operator: 1) Accesses the National Motor Vehicle Title Information System records to
obtain the last state of record of the vehicle; 2) Accesses the owner, lienholder, and insurer information, as applicable, for a
vehicle or vessel from the DHSMV; 3) Electronically generates the notices required of a towing-storage operator through the
website; 4) Prints and sends the notices to each owner, lienholder, and insurer of record by certified mail; 5) Electronically
returns tracking information or other proof of mailing and delivery of the notices to the towing-storage operator; and 6)
Electronically reports to the DHSMV via an electronic data exchange process certain information related to the towing and
storage notice.
14
Section 713.78(16), F.S.
15
Section 713.78(4)(a) and (c), F.S.
16
Defined to mean a lien fee or any fee imposed by the lienor or the lienor’s agent for administrative costs added to the
amount due for towing and storing the vehicle or vessel. Section 713.78(15)(a), F.S.
17
Id. BILL: CS/SB 990 Page 5
effort”
18
has been made, including a records check of the DHSMV database and of the National
Motor Vehicle Title Information System.
19
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
the vehicle, vessel, or all personal property that was not affixed when the vehicle or vessel came
into the custody of the towing or storage operator.
20
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 and release provisions contained in s. 713.78 (10) , F.S., is
guilty of a third degree felony
21
which is punishable by a fine that does not exceed $5,000
22
and
imprisonment that does not exceed five years.
23
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.
24
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:
25
Any towed or removed vehicle or vessel must be stored at a site within a specified distance
of the point of removal.
26
18
Section 713.84(4)(e), F.S., defines the term to mean that the operator has performed a list of “checks” of items such as
searching specified databases and information systems; looking for any type of tag, tag record, temporary or regular tag on
the vehicle or vessel; or looking for the vehicle identification number or the vessel registration number.
19
“The National Motor Vehicle Title Information System (NMVTIS) is a system that allows the titling agency to instantly
and reliably verify the information on the paper title with the electronic data from the state that issued the title.” See
AAMVA, National Motor Vehicle Title Information System (NMVTIS), available at National Motor Vehicle Title Information
System (NMVTIS) (aamva.org) (last visited February 2, 2022).
20
Section 713.78(10), F.S. One municipal attorney has opined that under current law, “there is no express language …which
expressly limits, mandates or prohibits that the release of towed vehicle(s) is strictly limited to those individuals” identified
by statute (i.e., owners, lienholders, insurance company representatives, or agents). See email from City Of Miami Beach
Chief Deputy City Attorney, January 29, 2020 (on file in the Senate Transportation Committee).
21
Section 713.78(12)(b), F.S.
22
Section 775.083(1)(c), F.S.
23
Section 775.082(3)(e), F.S. Additional penalties may apply for certain habitual felony offenders under s. 775.084, F.S.
24
Section 715.07(2), F.S.
25
Section 715.07(2)(a), F.S.
26
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 BILL: CS/SB 990 Page 6
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:
27
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.
The notice must indicate, in not less than two-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 four 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
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.
27
Section 715.07(2)(a)5., F.S. BILL: CS/SB 990 Page 7
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 four-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,
28
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.
29
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:
Require that a notice of lien provided by a wrecker operator for fees or charges for the
recovery, towing, or storage of a vehicle or vessel be sent by certified mail no earlier than six
hours before, and no later than seven business days after, the date of storage of the vehicle or
vessel. This revision clarifies and re-states current law that a lien for storage of a vehicle or
vessel must be for storage that lasts six hours or more.
Clarify that a wrecker operator must release a towed vehicle or vessel and un-affixed
personal property only to the owner, lienholder, or agent.
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.
Authorize a lienor or lienor’s agent to charge a $75 notification (rather than “administrative”)
fee, plus the actual costs of complying with the notice requirements, but the fee remains
capped at $250.
28
These requirements are contained in s. 715.07(2)(a)5.a.-f., F.S.
29
Section 715.07(2)(a)5.g., F.S. BILL: CS/SB 990 Page 8
Provide that if a towing-storage operator uses a third-party service approved by the DHSMV
to transmit the required notices, proof of mailing by the third-party service is proof that the
towing-storage operator made a good faith effort to comply with the notice requirements,
regardless of whether the recipient accepts delivery or otherwise receives notice.
Preempt to the state regulation of claiming a lien for the recovery, removal, towing, or
storage of a vehicle or vessel. Any county or municipal ordinance, resolution, rule,
regulation, or otherwise to the contrary is superseded.
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.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs laws that require counties and
municipalities to spend funds, limit the ability of counties and municipalities to raise
revenue, or reduce the percentage of state tax shared with counties and municipalities.
Subsection (b) of Art. VII, s. 18 of the Florida Constitution provides that except upon
approval of each house of the Legislature by two-thirds vote of the membership, the
legislature may not enact, amend, or repeal any general law if the anticipated effect of
doing so would be to reduce the authority that municipalities or counties have to raise
revenue in the aggregate, as such authority existed on February 1, 1989.
The bill preempts to the state regulation of claiming a lien for the recovery, removal,
towing, or storage of a vehicle or vessel and supersedes any county or municipal
ordinance, resolution, rule, regulation, or otherwise to the contrary. Because it is
unknown how many counties or municipalities regulate the claiming of a lien and
whether that regulation involves revenue generated to the county or municipality, the
presence or absence of a mandate is unknown.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: CS/SB 990 Page 9
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
Current law authorizes a lienor or the lienor’s agent to charge an “administrative” fee to
the registered owner or other person claiming a lien against a vehicle or vessel for release
from the lien. The amount of the fee is unspecified, except that it may not exceed $250.
The bill renames the “administrative” fee as a “notification” fee and authorizes a lienor to
charge a $75 fee, plus the actual costs of complying with the notice requirements, but the
fee still may not exceed $250.
Because the specified fee and the addition of actual costs remains capped at $250, the bill
does not appear to present a tax or fee issue.
B. Private Sector Impact:
Indeterminate, as it is unknown, for example, how many tows or claims of lien will
occur.
C. Government Sector Impact:
Indeterminate, as it is unknown, for example, how many tows will occur, how many
vehicles or vessels are released by an investigating agency without the required proof of
payment, or what the amount of applicable towing and storage charges would be.
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.
Additional Information:
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on February 2, 2022: BILL: CS/SB 990 Page 10
The committee substitute:
Revises the timeframe required for sending a notice of lien provided by a wrecker
operator for fees or charges for the recovery, towing, or storage of a vehicle or vessel.
The notice must be sent by certified mail no earlier than six hours before, and no later
than seven business days after, the date of storage of the vehicle or vessel.
Clarifies that a wrecker operator in possession of a towed vehicle or vessel must
release the vehicle, vessel, or all personal property in the vehicle or vessel only to the
owner, lienholder, or agent.
Revises a lienor’s authorization to charge an “administrative” fee to the registered
owner or another person claiming a lien against a vehicle or vessel for releasing a
claim of lien, not to exceed $250. The bill authorizes a lienor to charge a $75
“notification” fee, plus the actual costs of complying with specified notice
requirements, not to exceed $250.
Provides that if a towing-storage operator uses a third-party service approved by the
DHSMV to transmit the required notices, proof of mailing by the third-party service
is proof that the towing-storage operator made a good faith effort to comply with the
notice requirements, regardless of whether the recipient accepts delivery or otherwise
receives notice.
Preempts to the state regulation of claiming a lien for the recovery, removal, towing,
or storage of a vehicle or vessel and supersedes any county or municipal ordinance,
resolution, rule, regulation, or otherwise to the contrary.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.