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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 wrecker and towing -storage 2
operators; amending s. 321.051, F.S.; prohibiting the 3
Division of the Florida Highway Patrol from excluding 4
wrecker operators from the wrecker operator system or 5
from being designated as an authorized wrecker 6
operator based solely on a prior felony conviction; 7
providing an exception; amending s. 713.78, F.S.; 8
defining the term "towing -storage operator"; 9
authorizing a towing -storage operator to charge 10
certain fees; providing that a lien can only be placed 11
on specified fees; requiring a towing -storage operator 12
to accept credit cards; removing certain requirements 13
for law enforcement agencies and the Department of 14
Highway Safety and Motor Vehicles; revising the 15
timeframe in which certain unclaimed vehicles or 16
vessels may be sold; revising the timeframe in which a 17
notice of lien must be sent for certain unclaimed 18
vehicles or vessels; revising the timeframe in which a 19
towing-storage operator must provide certain notice to 20
the public agency of jurisdiction; requiring th at such 21
notice be sent by certified mail; requiring the 22
posting of a bond or other security be done in a 23
specified manner; revising the timeframe in which 24
public notice of the sale of a vehicle or vessel must 25
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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
be published; restricting the imposition of sto rage 26
charges under certain circumstances; revising the 27
amount a lienor may charge as an administrative fee; 28
requiring a towing-storage operator to maintain 29
certain records; providing the exclusive remedy for 30
certain liens; conforming cross -references; making 31
technical changes; amending s. 559.917, F.S.; 32
providing procedures and requirements for acquiring a 33
bond to release certain liens; providing definitions; 34
amending ss. 83.09, 83.805, and 677.210, F.S.; 35
conforming provisions to changes made by the act; 36
amending s. 715.07, F.S.; conforming a cross -37
reference; providing an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Subsection (5) is added to section 321.051, 42
Florida Statutes, to read: 43
321.051 Florida Highw ay Patrol wrecker operator system; 44
penalties for operation outside of system. — 45
(5) The Division of the Florida Highway Patrol may not 46
exclude a wrecker operator from the wrecker operator system or 47
fail to designate him or her as an authorized wrecker ope rator 48
based solely on a prior felony conviction, unless such 49
conviction is for a forcible felony as defined in s. 776.08. 50
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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
Section 2. Subsections (1), (2), (4), (5), (6), and (9), 51
paragraph (a) of subsection (11), paragraph (a) of subsection 52
(12), paragraphs (a), (b), and (d) of subsection (13), and 53
paragraph (a) of subsection (15) of section 713.78, Florida 54
Statutes, are amended, and subsections (18) and (19) are added 55
to that section, to read: 56
713.78 Liens for recovering, towing, or storing vehicles 57
and vessels.— 58
(1) For the purposes of this section, the term: 59
(a)(e) "Equivalent commercially available system" means a 60
service that charges a fee to provide vehicle information and 61
that at a minimum maintains records from those states 62
participating in data sharing with the National Motor Vehicle 63
Title Information System. 64
(b)(d) "National Motor Vehicle Title Information System" 65
means the federally authorized electronic National Motor Vehicle 66
Title Information System. 67
(c) "Towing-storage operator" me ans a person who regularly 68
engages in the business of transporting vehicles or vessels by 69
wrecker, tow truck, or car carrier. 70
(d)(a) "Vehicle" means any mobile item, whether motorized 71
or not, which is mounted on wheels. 72
(e)(b) "Vessel" means every desc ription of watercraft, 73
barge, and airboat used or capable of being used as a means of 74
transportation on water, other than a seaplane or a "documented 75
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vessel" as defined in s. 327.02. 76
(f)(c) "Wrecker" means any truck or other vehicle that 77
which is used to tow, carry, or otherwise transport motor 78
vehicles or vessels upon the streets and highways of this state 79
and which is equipped for that purpose with a boom, winch, car 80
carrier, or other similar equipment. 81
(2)(a) Whenever A towing-storage operator person regularly 82
engaged in the business of transporting vehicles or vessels by 83
wrecker, tow truck, or car carrier may charge only the following 84
fees for, or incidental to, the recovery, removal, or storage of 85
a vehicle or vessel: 86
1. A reasonable recovery fee. 87
2. A reasonable towing fee. 88
3. A reasonable storage fee. 89
4. A reasonable fee or charge that is imposed by a county 90
or municipality. 91
(b) If a towing-storage operator recovers, removes, or 92
stores a vehicle or vessel upon instructions from: 93
1.(a) The owner thereof; 94
2.(b) The owner or lessor, or a person authorized by the 95
owner or lessor, of property on which such vehicle or vessel is 96
wrongfully parked, and the removal is done in compliance with s. 97
715.07; 98
3.(c) The landlord or a person authorize d by the landlord, 99
when such motor vehicle or vessel remained on the premises after 100
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the tenancy terminated and the removal is done in compliance 101
with s. 83.806 or s. 715.104; or 102
4.(d) Any law enforcement agency, 103
104
she or he has shall have a lien on the vehicle or vessel for a 105
reasonable recovery fee, a reasonable towing fee, for a 106
reasonable administrative fee or charge imposed by a county or 107
municipality, and for a reasonable storage fee; except that a 108
storage fee may not be charged if the vehicle or vess el is 109
stored for fewer than 6 hours. 110
(c) A towing-storage operator must accept credit cards, as 111
that term is defined in s. 658.995(2)(a). 112
(4)(a) A towing-storage operator person regularly engaged 113
in the business of recovering, towing, or storing vehicl es or 114
vessels who comes into possession of a vehicle or vessel 115
pursuant to paragraph (2)(b) subsection (2), and who claims a 116
lien for recovery, towing, or storage services, must shall give 117
notice, by certified mail, to the registered owner, the 118
insurance company insuring the vehicle notwithstanding s. 119
627.736, and all persons claiming a lien thereon, as disclosed 120
by the records in the Department of Highway Safety and Motor 121
Vehicles or as disclosed by the records of any corresponding 122
agency in any other state in which the vehicle is identified 123
through a records check of the National Motor Vehicle Title 124
Information System or an equivalent commercially available 125
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system as being titled or r egistered. 126
(b) Whenever a law enforcement agency authorizes the 127
removal of a vehicle or vessel or whenever a towing service, 128
garage, repair shop, or automotive service, storage, or parking 129
place notifies the law enforcement agency of possession of a 130
vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 131
enforcement agency of the jurisdiction where the vehicle or 132
vessel is stored shall contact the Department of Highway Safety 133
and Motor Vehicles, or the appropriate agency of the state of 134
registration, if known, within 24 hours through the medium of 135
electronic communications, giving the full description of the 136
vehicle or vessel. Upon receipt of the full description of the 137
vehicle or vessel, the department shall search its files to 138
determine the owner's name , the insurance company insuring the 139
vehicle or vessel, and whether any person has filed a lien upon 140
the vehicle or vessel as provided in s. 319.27(2) and (3) and 141
notify the applicable law enforcement agency within 72 hours. 142
The person in charge of the tow ing service, garage, repair shop, 143
or automotive service, storage, or parking place shall obtain 144
such information from the applicable law enforcement agency 145
within 5 days after the date of storage and shall give notice 146
pursuant to paragraph (a). The departm ent may release the 147
insurance company information to the requestor notwithstanding 148
s. 627.736. 149
(b)(c) The notice of lien must be sent by certified mail 150
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to the registered owner, the insurance company insuring the 151
vehicle notwithstanding s. 627.736, and al l other persons 152
claiming a lien thereon within 3 7 business days, excluding 153
Saturday and Sunday, after the date of storage of the vehicle or 154
vessel. However, in no event shall the notice of lien be sent 155
less than 30 days before the sale of the vehicle or v essel. The 156
notice must state: 157
1. If the claim of lien is for a vehicle, the last 8 158
digits of the vehicle identification number of the vehicle 159
subject to the lien, or, if the claim of lien is for a vessel, 160
the hull identification number of the vessel subj ect to the 161
lien, clearly printed in the delivery address box and on the 162
outside of the envelope sent to the registered owner and all 163
other persons claiming an interest in therein or lien on the 164
vehicle or vessel thereon. 165
2. The name, physical address, an d telephone number of the 166
lienor, and the entity name, as registered with the Division of 167
Corporations, of the business where the towing and storage 168
occurred, which must also appear on the outside of the envelope 169
sent to the registered owner and all other persons claiming an 170
interest in or lien on the vehicle or vessel. 171
3. The fact of possession of the vehicle or vessel. 172
4. The name of the person or entity that authorized the 173
lienor to take possession of the vehicle or vessel. 174
5. That a lien as provid ed in paragraph (2)(b) subsection 175
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(2) is claimed. 176
6. That charges have accrued and include an itemized 177
statement of the amount thereof. 178
7. That the lien is subject to enforcement under law and 179
that the owner or lienholder, if any, has the right to a he aring 180
as set forth in subsection (5). 181
8. That any vehicle or vessel that remains unclaimed, or 182
for which the charges for recovery, towing, or storage services 183
remain unpaid, may be sold free of all prior liens 35 days after 184
the vehicle or vessel is store d by the lienor if the vehicle or 185
vessel is more than 3 years of age or 65 50 days after the 186
vehicle or vessel is stored by the lienor if the vehicle or 187
vessel is 3 years of age or less. 188
9. The address at which the vehicle or vessel is 189
physically located. 190
(c)(d) The notice of lien may not be sent to the 191
registered owner, the insurance company insuring the vehicle or 192
vessel, and all other persons claiming a lien thereon less than 193
30 days before the sale of a the vehicle or vessel that is more 194
than 3 years of age or less than 60 days before the sale of a 195
vehicle or vessel that is 3 years of age or less . 196
(d)(e) If attempts to locate the name and address of the 197
owner or lienholder prove unsuccessful, the towing -storage 198
operator shall, after 3 7 business days, excluding Saturday and 199
Sunday, after the initial tow or storage, notify the public 200
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agency of jurisdiction where the vehicle or vessel is stored in 201
writing by certified mail or acknowledged hand delivery that the 202
towing-storage company has been unable t o locate the name and 203
address of the owner or lienholder and a physical search of the 204
vehicle or vessel has disclosed no ownership information and a 205
good faith effort has been made, including records checks of the 206
Department of Highway Safety and Motor Veh icles database and the 207
National Motor Vehicle Title Information System or an equivalent 208
commercially available system. For purposes of this paragraph 209
and subsection (9), the term "good faith effort" means that the 210
following checks have been performed by th e company to establish 211
the prior state of registration and for title: 212
1. A check of the department's database for the owner and 213
any lienholder. 214
2. A check of the electronic National Motor Vehicle Title 215
Information System or an equivalent commercially a vailable 216
system to determine the state of registration when there is not 217
a current registration record for the vehicle or vessel on file 218
with the department. 219
3. A check of the vehicle or vessel for any type of tag, 220
tag record, temporary tag, or regular tag. 221
4. A check of the law enforcement report for a tag number 222
or other information identifying the vehicle or vessel, if the 223
vehicle or vessel was towed at the request of a law enforcement 224
officer. 225
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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
5. A check of the trip sheet or tow ticket of the tow 226
truck operator to determine whether a tag was on the vehicle or 227
vessel at the beginning of the tow, if a private tow. 228
6. If there is no address of the owner on the impound 229
report, a check of the law enforcement report to determine 230
whether an out-of-state address is indicated from driver license 231
information. 232
7. A check of the vehicle or vessel for an inspection 233
sticker or other stickers and decals that may indicate a state 234
of possible registration. 235
8. A check of the interior of the vehicle or vessel f or 236
any papers that may be in the glove box, trunk, or other areas 237
for a state of registration. 238
9. A check of the vehicle for a vehicle identification 239
number. 240
10. A check of the vessel for a vessel registration 241
number. 242
11. A check of the vessel hull f or a hull identification 243
number which should be carved, burned, stamped, embossed, or 244
otherwise permanently affixed to the outboard side of the 245
transom or, if there is no transom, to the outmost seaboard side 246
at the end of the hull that bears the rudder or other steering 247
mechanism. 248
(5)(a) The owner of a vehicle or vessel removed pursuant 249
to paragraph (2)(b) subsection (2), or any person claiming a 250
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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
lien, other than the towing -storage operator, within 10 days 251
after the time she or he has knowledge of the lo cation of the 252
vehicle or vessel, may file a complaint in the county court of 253
the county in which the vehicle or vessel is stored to determine 254
whether her or his property was wrongfully taken or withheld. 255
(b) At any time before the sale of the vehicle or vessel, 256
an owner or lienholder may have her or his vehicle or vessel 257
released upon payment of the applicable fee in s. 28.24 and 258
posting with the court a cash or surety bond , or other adequate 259
security, in accordance with s. 559.917 equal to the amount of 260
the charges for towing or storage and lot rental amount to 261
ensure the payment of such charges in the event she or he does 262
not prevail. Upon the posting of the bond and the payment of the 263
applicable fee set forth in s. 28.24, the clerk of the court 264
shall issue a certificate notifying the lienor of the posting of 265
the bond and directing the lienor to release the vehicle or 266
vessel. At the time of such release, after reasonable 267
inspection, she or he shall give a receipt to the towing -storage 268
company reciting any claims she or he has for loss or damage to 269
the vehicle or vessel or the contents thereof. 270
(c) Upon determining the respective rights of the parties, 271
the court may award damages, attorney attorney's fees, and costs 272
in favor of the prevailing party. In an y event, the final order 273
must shall provide for immediate payment in full of recovery, 274
towing, and storage fees by the vehicle or vessel owner or 275
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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
lienholder; or the agency ordering the tow; or the owner, 276
lessee, or agent thereof of the property from which the vehicle 277
or vessel was removed. 278
(6) A vehicle or vessel that is stored pursuant to 279
paragraph (2)(b) subsection (2) and remains unclaimed, or for 280
which reasonable charges for recovery, towing, or storing remain 281
unpaid, and any contents not released pur suant to subsection 282
(10), may be sold by the owner or operator of the storage space 283
for such towing or storage charge 35 days after the vehicle or 284
vessel is stored by the lienor if the vehicle or vessel is more 285
than 3 years of age or 65 50 days after the vehicle or vessel is 286
stored by the lienor if the vehicle or vessel is 3 years of age 287
or less. The sale must shall be at public sale for cash. If the 288
date of the sale was not included in the notice required in 289
subsection (4), notice of the sale must shall be given to the 290
person in whose name the vehicle or vessel is registered and to 291
all persons claiming a lien on the vehicle or vessel as shown on 292
the records of the Department of Highway Safety and Motor 293
Vehicles or of any corresponding agency in any other st ate in 294
which the vehicle is identified through a records check of the 295
National Motor Vehicle Title Information System or an equivalent 296
commercially available system as being titled. Notice of the 297
sale must be sent by certified mail to the owner of the vehi cle 298
or vessel and the person having the recorded lien on the vehicle 299
or vessel at the address shown on the records of the registering 300
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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
agency at least 30 days before the sale of the vehicle or 301
vessel. The notice must have clearly identified and printed, if 302
the claim of lien is for a motor vehicle, The last 8 digits of 303
the vehicle identification number of the motor vehicle subject 304
to the lien, or, if the claim of lien is for a vessel, the hull 305
identification number of the vessel subject to the lien, must be 306
clearly identified and printed in the delivery address box and 307
on the outside of the envelope sent to the registered owner and 308
all other persons claiming an interest in therein or lien on the 309
vehicle or vessel thereon. The notice must be sent to the owner 310
of the vehicle or vessel and the person having the recorded lien 311
on the vehicle or vessel at the address shown on the records of 312
the registering agency at least 30 days before the sale of the 313
vehicle or vessel. The notice must state the name, physical 314
address, and telephone number of the lienor, and the vehicle 315
identification number if the claim of lien is for a vehicle or 316
the hull identification number if the claim of lien is for a 317
vessel, all of which must also appear in the return address 318
section on the outside of the envelope containing the notice of 319
sale. After diligent search and inquiry, if the name and address 320
of the registered owner or the owner of the recorded lien cannot 321
be ascertained, the requirements of notice by mail may be 322
dispensed with. In addition to the notice by mail, public notice 323
of the time and place of sale must shall be made by publishing a 324
notice thereof one time, at least 30 10 days before the date of 325
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the sale, in a newspaper of general circulation in the county in 326
which the sale is to be held. The proceeds of the sale, after 327
payment of reasonable towing and storage charges, and costs of 328
the sale, in that order of priority, must shall be deposited 329
with the clerk of the circuit court for the county if the owner 330
or lienholder is absen t, and the clerk shall hold such proceeds 331
subject to the claim of the owner or lienholder legally entitled 332
thereto. The clerk is shall be entitled to receive 5 percent of 333
such proceeds for the care and disbursement thereof. The 334
certificate of title issued under this law shall be discharged 335
of All liens on the certificate of title issued under this 336
section must be discharged unless otherwise provided by court 337
order. The owner or lienholder may file a complaint after the 338
vehicle or vessel has been sold in the county court of the 339
county in which it is stored. Upon determining the respective 340
rights of the parties, the court may award damages, attorney 341
fees, and costs in favor of the prevailing party. 342
(9) Failure to make good faith efforts to substantially 343
comply with the notice requirements of this section or precludes 344
the imposition of any storage charges against the vehicle or 345
vessel. If a lienor fails to provide notice to a person claiming 346
a lien on a vehicle or vessel in accordance with subsection (4), 347
precludes the imposition of storage charges against the vehicle 348
or vessel the lienor may not charge the person for more than 3 7 349
days of storage, but such failure does not affect charges made 350
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for towing the vehicle or vessel or the priority of liens on the 351
vehicle or vessel. 352
(11)(a) Any person regularly engaged in the business of 353
recovering, towing, or storing vehicles or vessels who comes 354
into possession of a vehicle or vessel pursuant to paragraph 355
(2)(b) subsection (2) and who has complied with the provisions 356
of subsections (4) (3) and (6), when such vehicle or vessel is 357
to be sold for purposes of being dismantled, destroyed, or 358
changed in such manner that it is not the motor vehicle or 359
vessel described in the certificate of title, must shall report 360
the vehicle to the National Motor Vehicle Title Information 361
System and apply to the Department of Highway Safety and Motor 362
Vehicles for a certificate of destruction. A certificate of 363
destruction, which authorizes the dismantling or destruction of 364
the vehicle or vessel described therein, is shall be 365
reassignable a maximum of two times before dismantling or 366
destruction of the vehicle is shall be required, and must shall 367
accompany the vehicle or vessel for which it is issued, when 368
such vehicle or vessel is sold for su ch purposes, in lieu of a 369
certificate of title. The application for a certificate of 370
destruction must include proof of reporting to the National 371
Motor Vehicle Title Information System and an affidavit from the 372
applicant that she or he it has complied with all applicable 373
requirements of this section and, if the vehicle or vessel is 374
not registered in this state or any other state, by a statement 375
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from a law enforcement officer that the vehicle or vessel is not 376
reported stolen, and must shall be accompanied by such 377
documentation as may be required by the department. 378
(12)(a) Any person who violates paragraph (2)(b) any 379
provision of subsection (1), subsection (2), subsection (4), 380
subsection (5), subsection (6), or subsection (7) is guilty of a 381
misdemeanor of the first degree, punishable as provided in s. 382
775.082 or s. 775.083. 383
(13)(a) Upon receipt by the Department of Highway Safety 384
and Motor Vehicles of written notice from a wrecker operator who 385
claims a wrecker operator's lien under subparagraph (2)(b)d. 386
paragraph (2)(d) for recovery, towing, or storage of an 387
abandoned vehicle or vessel upon instructions from any law 388
enforcement agency, for which a certificate of destruction has 389
been issued under subsection (11) and the vehicle has been 390
reported to the Nationa l Motor Vehicle Title Information System, 391
the department shall place the name of the registered owner of 392
that vehicle or vessel on the list of those persons who may not 393
be issued a license plate or revalidation sticker for any motor 394
vehicle under s. 320.03 (8). If the vehicle or vessel is owned 395
jointly by more than one person, the name of each registered 396
owner must shall be placed on the list. The notice of wrecker 397
operator's lien must shall be submitted on forms provided by the 398
department and, which must include: 399
1. The name, address, and telephone number of the wrecker 400
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operator. 401
2. The name of the registered owner of the vehicle or 402
vessel and the address to which the wrecker operator provided 403
notice of the lien to the registered owner under subsectio n (4). 404
3. A general description of the vehicle or vessel, 405
including its color, make, model, body style, and year. 406
4. The vehicle identification number (VIN); registration 407
license plate number, state, and year; validation decal number, 408
state, and year; vessel registration number; hull identification 409
number; or other identification number, as applicable. 410
5. The name of the person or the corresponding law 411
enforcement agency that requested that the vehicle or vessel be 412
recovered, towed, or stored. 413
6. The amount of the wrecker operator's lien, not to 414
exceed the amount allowed by paragraph (b). 415
(b) For purposes of this subsection only, the amount of 416
the wrecker operator's lien for which the department will 417
prevent issuance of a license plate or revalidat ion sticker may 418
not exceed the amount of the charges for recovery, towing, and 419
storage of the vehicle or vessel for 7 days. These charges may 420
not exceed the maximum rates imposed by the ordinances of the 421
respective county or municipality under ss. 125.0103 (1)(c) and 422
166.043(1)(c). This paragraph does not limit the amount of a 423
wrecker operator's lien claimed under paragraph (2)(b) 424
subsection (2) or prevent a wrecker operator from seeking civil 425
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remedies for enforcement of the entire amount of the lien, but 426
limits only that portion of the lien for which the department 427
will prevent issuance of a license plate or revalidation 428
sticker. 429
(d) Upon discharge of the amount of the wrecker operator's 430
lien allowed by paragraph (b), the wrecker operator must issue a 431
certificate of discharged wrecker operator's lien on forms 432
provided by the department to each registered owner of the 433
vehicle or vessel attesting that the amount of the wrecker 434
operator's lien allowed by paragraph (b) has been discharged. 435
Upon presentation of the certificate of discharged wrecker 436
operator's lien by the registered owner, the department must 437
shall immediately remove the registered owner's name from the 438
list of those persons who may not be issued a license plate or 439
revalidation sticker for any mot or vehicle under s. 320.03(8), 440
thereby allowing issuance of a license plate or revalidation 441
sticker. Issuance of a certificate of discharged wrecker 442
operator's lien under this paragraph does not discharge the 443
entire amount of the wrecker operator's lien cl aimed under 444
paragraph (2)(b) subsection (2), but only certifies to the 445
department that the amount of the wrecker operator's lien 446
allowed by paragraph (b), for which the department will prevent 447
issuance of a license plate or revalidation sticker, has been 448
discharged. 449
(15)(a) A lienor or the lienor's agent may charge an 450
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administrative fee to the registered owner or a person claiming 451
a lien against the vehicle or vessel to obtain release of the 452
vehicle or vessel from the claim of lien imposed under this 453
section. The Such administrative fee may not exceed $250 or the 454
amount set by the county or municipality, whichever is less . For 455
purposes of this paragraph, the term "administrative fee" means 456
a lien fee or any fee imposed by the lienor or the lienor's 457
agent for administrative costs added to the amount due for 458
towing and storing the vehicle or vessel. 459
(18) A towing-storage operator must retain records of all 460
vehicles or vessels recovered, towed, or stored; all notice 461
publications and certified mailings; and a ll fees imposed under 462
this section. 463
(19) This section is the exclusive remedy for the 464
placement or foreclosure of a storage lien placed on a vehicle 465
or vessel. 466
Section 3. Section 559.917, Florida Statutes, is amended 467
to read: 468
559.917 Bond to release possessory lien claimed by motor 469
vehicle repair shop or towing-storage operator.— 470
(1)(a) A customer or a person of record claiming a lien 471
against a motor vehicle or vessel may obtain the release of the 472
motor vehicle or vessel from any lien claimed under part II of 473
chapter 713 by a motor vehicle repair shop for repair work 474
performed under a written repair estimate or by a towing-storage 475
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operator for recovery, towing, or storage charges by filing with 476
the clerk of the court in the c ircuit in which the disputed 477
transaction occurred a cash or surety bond, payable to the 478
person claiming the lien and conditioned for the payment of any 479
judgment which may be entered on the lien. The bond must shall 480
be in the amount stated on the notice of lien required under s. 481
713.78(4) or on the invoice required by s. 559.911, plus accrued 482
storage charges, if any, less any amount paid to the motor 483
vehicle repair shop as indicated on the invoice. The customer or 484
person is shall not be required to institute judicial 485
proceedings in order to post the bond in the registry of the 486
court and is shall not be required to use a particular form for 487
posting the bond unless the clerk provides such form to the 488
customer or person for filing. Upon the posting of such bond, 489
the clerk of the court shall automatically issue a certificate 490
notifying the lienor of the posting of the bond and directing 491
the lienor to release the motor vehicle or vessel. 492
(b) The lienor has shall have 60 days to file suit to 493
recover the bond. The p revailing party in that action may be 494
entitled to damages plus court costs and reasonable attorney 495
fees. If the lienor fails to file suit within 60 days after the 496
posting of such bond, the bond must shall be discharged by the 497
clerk. 498
(2) If the failure of a lienor fails to release or return 499
to the customer or person the motor vehicle or vessel upon which 500
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any lien is claimed, upon receiving a copy of a certificate 501
giving notice of the posting of the bond and directing release 502
of the motor vehicle or vessel, the lienor is shall subject the 503
lienor to judicial proceedings which may be brought by the 504
customer or person to compel compliance with the certificate. If 505
Whenever a customer or person brings an action to compel 506
compliance with the certificate, the custo mer or person must 507
need only establish the following that: 508
(a) That the bond in the amount on the notice of lien 509
required under s. 713.78(4) or on of the invoice, plus accrued 510
storage charges, if any, less any amount paid to the motor 511
vehicle repair shop as indicated on the invoice, was posted .; 512
(b) That a certificate was issued under pursuant to this 513
section.; 514
(c) That the motor vehicle repair sho p or towing-storage 515
operator, or any employee or agent thereof who is authorized to 516
release the motor vehicle or vessel, received a copy of a 517
certificate issued under pursuant to this section.; and 518
(d) That the motor vehicle repair shop or towing-storage 519
operator, or an employee or agent thereof who is authorized to 520
release the motor vehicle or vessel, failed to release the motor 521
vehicle or vessel. 522
523
The customer or person, upon a judgment in her or his favor in 524
an action brought under this subsection, may be entitled to 525
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damages plus court costs and reasonable attorney fees sustained 526
by her or him by reason of such wrongful detention or retention. 527
Upon a judgment in favor of the motor vehicle repair shop or 528
towing-storage operator, the shop or towing-storage operator may 529
be entitled to reasonable attorney fees. 530
(3) A motor vehicle repair shop or towing-storage operator 531
that, or an employee or agent thereof who is authorized to 532
release the motor vehicle or vessel, who, upon receiving a copy 533
of a certificate giving notice of the posting of the bond in the 534
required amount and directing release of the motor vehicle or 535
vessel, fails to release or return the property to the customer 536
or person pursuant to this section commits a misdemeanor of the 537
second degree, punishable as provided in s. 775.082 or s. 538
775.083. 539
(4) A customer or person who stops payment on a credit 540
card charge or a check drawn in favor of a motor vehicle repair 541
shop on account of an invoice or who fails to post a cash or 542
surety bond under pursuant to this section is shall be 543
prohibited from any recourse under this section with respect to 544
the motor vehicle repair shop. 545
(5) For purposes of this section, the terms "towing -546
storage operator" and "vessel" have the same meanings as in s. 547
713.78(1). 548
Section 4. Section 83.09, Florida Statutes, is amended to 549
read: 550
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83.09 Exemptions from liens for rent. — 551
(1) The No property of any tenant or lessee shall be 552
exempt from distress and sale for rent, except beds, bedclothes, 553
and wearing apparel of a tenant or lessee are exempt from 554
distress and sale for rent . 555
(2) A lien on a vehicle or vessel, as those terms are 556
defined in s. 713.78(1), of a tenant or lessee must be placed 557
and foreclosed pursuant to s. 713.78 and may not be placed or 558
foreclosed under this chapter. 559
Section 5. Section 83.805, Florida Statutes, is amended to 560
read: 561
83.805 Lien.— 562
(1) The owner of a self-service storage facility or self -563
contained storage unit and the owner's heirs, executors, 564
administrators, successors, and assigns hav e a lien upon all 565
personal property, whether or not owned by the tenant, located 566
at a self-service storage facility or in a self -contained 567
storage unit for rent, labor charges, or other charges, present 568
or future, in relation to the personal property and f or expenses 569
necessary for its preservation or expenses reasonably incurred 570
in its sale or other disposition pursuant to ss. 83.801 -83.809. 571
The lien provided for in this section attaches as of the date 572
that the personal property is brought to the self -service 573
storage facility or as of the date the tenant takes possession 574
of the self-contained storage unit, and the priority of this 575
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lien shall be the same as provided in s. 83.08; however, in the 576
event of default, the owner must give notice to persons who hold 577
perfected security interests under the Uniform Commercial Code 578
in which the tenant is named as the debtor. 579
(2) A lien on a vehicle or vessel, as those terms are 580
defined in s. 713.78(1), of a tenant must be placed and 581
foreclosed pursuant to s. 713.78 and may not be placed or 582
foreclosed under this chapter. 583
Section 6. Subsection (10) is added to section 677.210, 584
Florida Statutes, to read: 585
677.210 Enforcement of warehouse's lien. — 586
(10) A lien on a vehicle or vessel, as those terms are 587
defined in s. 713.78(1), must be placed and foreclosed pursuant 588
to s. 713.78 and may not be placed or foreclosed under this 589
chapter. 590
Section 7. Paragraph (a) of subsection (2) of section 591
715.07, Florida Statutes, is amended to read: 592
715.07 Vehicles or vessels parked on private property; 593
towing.— 594
(2) The owner or lessee of real property, or any person 595
authorized by the owner or lessee, which person may be the 596
designated representative of the condominium association if the 597
real property is a condominium, may cause any vehicle or vessel 598
parked on such property without her or his permission to be 599
removed by a person regularly engaged in the business of towing 600
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vehicles or vessels, without liability for the costs of removal, 601
transportation, or storage or damages caused by such removal, 602
transportation, or storage, under any of the following 603
circumstances: 604
(a) The towing or removal of any vehicle or vessel from 605
private property without the consent of the registered owner or 606
other legally authori zed person in control of that vehicle or 607
vessel is subject to substantial compliance with the following 608
conditions and restrictions: 609
1.a. Any towed or removed vehicle or vessel must be stored 610
at a site within a 10 -mile radius of the point of removal in a ny 611
county of 500,000 population or more, and within a 15 -mile 612
radius of the point of removal in any county of fewer than 613
500,000 population. That site must be open for the purpose of 614
redemption of vehicles on any day that the person or firm towing 615
such vehicle or vessel is open for towing purposes, from 8:00 616
a.m. to 6:00 p.m., and, when closed, shall have prominently 617
posted a sign indicating a telephone number where the operator 618
of the site can be reached at all times. Upon receipt of a 619
telephoned request t o open the site to redeem a vehicle or 620
vessel, the operator shall return to the site within 1 hour or 621
she or he will be in violation of this section. 622
b. If no towing business providing such service is located 623
within the area of towing limitations set forth in sub -624
subparagraph a., the following limitations apply: any towed or 625
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removed vehicle or vessel must be stored at a site within a 20 -626
mile radius of the point of removal in any county of 500,000 627
population or more, and within a 30 -mile radius of the point of 628
removal in any county of fewer than 500,000 population. 629
2. The person or firm towing or removing the vehicle or 630
vessel shall, within 30 minutes after completion of such towing 631
or removal, notify the municipal police department or, in an 632
unincorporated area, the sheriff, of such towing or removal, the 633
storage site, the time the vehicle or vessel was towed or 634
removed, and the make, model, color, and license plate number of 635
the vehicle or description and registration number of the vessel 636
and shall obtain the name of the person at that department to 637
whom such information was reported and note that name on the 638
trip record. 639
3. A person in the process o f towing or removing a vehicle 640
or vessel from the premises or parking lot in which the vehicle 641
or vessel is not lawfully parked must stop when a person seeks 642
the return of the vehicle or vessel. The vehicle or vessel must 643
be returned upon the payment of a reasonable service fee of not 644
more than one-half of the posted rate for the towing or removal 645
service as provided in subparagraph 6. The vehicle or vessel may 646
be towed or removed if, after a reasonable opportunity, the 647
owner or legally authorized person in control of the vehicle or 648
vessel is unable to pay the service fee. If the vehicle or 649
vessel is redeemed, a detailed signed receipt must be given to 650
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the person redeeming the vehicle or vessel. 651
4. A person may not pay or accept money or other valuable 652
consideration for the privilege of towing or removing vehicles 653
or vessels from a particular location. 654
5. Except for property appurtenant to and obviously a part 655
of a single-family residence, and except for instances when 656
notice is personally given to the ow ner or other legally 657
authorized person in control of the vehicle or vessel that the 658
area in which that vehicle or vessel is parked is reserved or 659
otherwise unavailable for unauthorized vehicles or vessels and 660
that the vehicle or vessel is subject to being removed at the 661
owner's or operator's expense, any property owner or lessee, or 662
person authorized by the property owner or lessee, before towing 663
or removing any vehicle or vessel from private property without 664
the consent of the owner or other legally author ized person in 665
control of that vehicle or vessel, must post a notice meeting 666
the following requirements: 667
a. The notice must be prominently placed at each driveway 668
access or curb cut allowing vehicular access to the property 669
within 10 feet from the road, as defined in s. 334.03(22). If 670
there are no curbs or access barriers, the signs must be posted 671
not fewer than one sign for each 25 feet of lot frontage. 672
b. The notice must clearly indicate, in not fewer than 2 -673
inch high, light-reflective letters on a co ntrasting background, 674
that unauthorized vehicles will be towed away at the owner's 675
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expense. The words "tow -away zone" must be included on the sign 676
in not fewer than 4-inch high letters. 677
c. The notice must also provide the name and current 678
telephone number of the person or firm towing or removing the 679
vehicles or vessels. 680
d. The sign structure containing the required notices must 681
be permanently installed with the words "tow -away zone" not 682
fewer than 3 feet and not more than 6 feet above ground level 683
and must be continuously maintained on the property for not 684
fewer than 24 hours before the towing or removal of any vehicles 685
or vessels. 686
e. The local government may require permitting and 687
inspection of these signs before any towing or removal of 688
vehicles or vessels being authorized. 689
f. A business with 20 or fewer parking spaces satisfies 690
the notice requirements of this subparagraph by prominently 691
displaying a sign stating "Reserved Parking for Customers Only 692
Unauthorized Vehicles or Vessels Will be Towed Awa y At the 693
Owner's Expense" in not fewer than 4 -inch high, light-reflective 694
letters on a contrasting background. 695
g. A property owner towing or removing vessels from real 696
property must post notice, consistent with the requirements in 697
sub-subparagraphs a.-f., which apply to vehicles, that 698
unauthorized vehicles or vessels will be towed away at the 699
owner's expense. 700
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701
A business owner or lessee may authorize the removal of a 702
vehicle or vessel by a towing company when the vehicle or vessel 703
is parked in such a mann er that restricts the normal operation 704
of business; and if a vehicle or vessel parked on a public 705
right-of-way obstructs access to a private driveway the owner, 706
lessee, or agent may have the vehicle or vessel removed by a 707
towing company upon signing an ord er that the vehicle or vessel 708
be removed without a posted tow -away zone sign. 709
6. Any person or firm that tows or removes vehicles or 710
vessels and proposes to require an owner, operator, or person in 711
control or custody of a vehicle or vessel to pay the cos ts of 712
towing and storage before redemption of the vehicle or vessel 713
must file and keep on record with the local law enforcement 714
agency a complete copy of the current rates to be charged for 715
such services and post at the storage site an identical rate 716
schedule and any written contracts with property owners, 717
lessees, or persons in control of property which authorize such 718
person or firm to remove vehicles or vessels as provided in this 719
section. 720
7. Any person or firm towing or removing any vehicles or 721
vessels from private property without the consent of the owner 722
or other legally authorized person in control or custody of the 723
vehicles or vessels shall, on any trucks, wreckers as defined in 724
s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 725
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towing or removal, have the name, address, and telephone number 726
of the company performing such service clearly printed in 727
contrasting colors on the driver and passenger sides of the 728
vehicle. The name shall be in at least 3 -inch permanently 729
affixed letters, and the ad dress and telephone number shall be 730
in at least 1-inch permanently affixed letters. 731
8. Vehicle entry for the purpose of removing the vehicle 732
or vessel shall be allowed with reasonable care on the part of 733
the person or firm towing the vehicle or vessel. S uch person or 734
firm shall be liable for any damage occasioned to the vehicle or 735
vessel if such entry is not in accordance with the standard of 736
reasonable care. 737
9. When a vehicle or vessel has been towed or removed 738
pursuant to this section, it must be rele ased to its owner or 739
person in control or custody within 1 hour after requested. Any 740
vehicle or vessel owner or person in control or custody has the 741
right to inspect the vehicle or vessel before accepting its 742
return, and no release or waiver of any kind wh ich would release 743
the person or firm towing the vehicle or vessel from liability 744
for damages noted by the owner or person in control or custody 745
at the time of the redemption may be required from any vehicle 746
or vessel owner or person in control or custody a s a condition 747
of release of the vehicle or vessel to its owner or person in 748
control or custody. A detailed receipt showing the legal name of 749
the company or person towing or removing the vehicle or vessel 750
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must be given to the person paying towing or storage charges at 751
the time of payment, whether requested or not. 752
Section 8. This act shall take effect July 1, 2023. 753