HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 1 of 31 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 2 of 31 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 3 of 31 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 4 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 5 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 6 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 7 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 8 of 31 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 (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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 9 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 10 of 31 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 11 of 31 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 12 of 31 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 13 of 31 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 14 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 15 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 16 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 17 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 18 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 19 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 20 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 21 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 22 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 23 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 24 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 25 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 26 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 27 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 28 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 29 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 30 of 31 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 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 HB 701 2023 CODING: Words stricken are deletions; words underlined are additions. hb0701-00 Page 31 of 31 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 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