FL
Florida House Bill H0701

Florida 2023 Regular Session

Florida House Bill H0701 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to wrecker and towing -storage 2
1616 operators; amending s. 321.051, F.S.; prohibiting the 3
1717 Division of the Florida Highway Patrol from excluding 4
1818 wrecker operators from the wrecker operator system or 5
1919 from being designated as an authorized wrecker 6
2020 operator based solely on a prior felony conviction; 7
2121 providing an exception; amending s. 713.78, F.S.; 8
2222 defining the term "towing -storage operator"; 9
2323 authorizing a towing -storage operator to charge 10
2424 certain fees; providing that a lien can only be placed 11
2525 on specified fees; requiring a towing -storage operator 12
26-to accept specified payment methods; removing certain 13
27-requirements for law enforcement agencies and the 14
28-Department of Highway Safety and Motor Vehicles; 15
29-revising the timeframe in which certain unclaimed 16
30-vehicles or vessels may be sold; revising the 17
31-timeframe in which a notice of lien must be sent for 18
32-certain unclaimed vehicles or vessels; revising the 19
33-timeframe in which a towing -storage operator must 20
34-provide certain notice to the public agency of 21
35-jurisdiction; requiring that such notice be sent by 22
36-certified mail; requiring the posting of a bond or 23
37-other security be done in a specified manner; revising 24
38-the timeframe in which public notice of the sale of a 25
26+to accept credit cards; removing certain requirements 13
27+for law enforcement agencies and the Department of 14
28+Highway Safety and Motor Vehicles; revising the 15
29+timeframe in which certain unclaimed vehicles or 16
30+vessels may be sold; revising the timeframe in which a 17
31+notice of lien must be sent for certain unclaimed 18
32+vehicles or vessels; revising the timeframe in which a 19
33+towing-storage operator must provide certain notice to 20
34+the public agency of jurisdiction; requiring th at such 21
35+notice be sent by certified mail; requiring the 22
36+posting of a bond or other security be done in a 23
37+specified manner; revising the timeframe in which 24
38+public notice of the sale of a vehicle or vessel must 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-vehicle or vessel must be published; providing 26
52-applicability; requiring the immediate payment of 27
53-certain fees if a lienor prevails in court; requiring 28
54-certain liens be discharged if a towing -storage 29
55-operator complies with certain requirements; 30
56-restricting the imposition of storage charges under 31
57-certain circumstances; requiring a towing -storage 32
58-operator to allow certain persons to inspect a rental 33
59-car; prohibiting a towing -storage operator from 34
60-releasing certain vehicles under certain 35
61-circumstances; requiring a towing -storage operator to 36
62-allow certain persons to i nspect certain towed 37
63-vehicles and vessels; requiring a towing -storage 38
64-operator to release such vehicles and vessels within a 39
65-specified timeframe; requiring certain documentation 40
66-as evidence of a person's interest in a vehicle or 41
67-vessel; revising the amount a lienor may charge as an 42
68-administrative fee; requiring a towing -storage 43
69-operator to maintain certain records for a specified 44
70-amount of time; providing the exclusive remedy for 45
71-certain liens; conforming cross -references; making 46
72-technical changes; amending s. 559.917, F.S.; 47
73-providing procedures and requirements for acquiring a 48
74-bond to release certain liens; authorizing the award 49
75-of court costs and attorney fees for certain customers 50
51+be published; restricting the imposition of sto rage 26
52+charges under certain circumstances; revising the 27
53+amount a lienor may charge as an administrative fee; 28
54+requiring a towing-storage operator to maintain 29
55+certain records; providing the exclusive remedy for 30
56+certain liens; conforming cross -references; making 31
57+technical changes; amending s. 559.917, F.S.; 32
58+providing procedures and requirements for acquiring a 33
59+bond to release certain liens; providing definitions; 34
60+amending ss. 83.09, 83.805, and 677.210, F.S.; 35
61+conforming provisions to changes made by the act; 36
62+amending s. 715.07, F.S.; conforming a cross -37
63+reference; providing an effective date. 38
64+ 39
65+Be It Enacted by the Legislature of the State of Florida: 40
66+ 41
67+ Section 1. Subsection (5) is added to section 321.051, 42
68+Florida Statutes, to read: 43
69+ 321.051 Florida Highw ay Patrol wrecker operator system; 44
70+penalties for operation outside of system. — 45
71+ (5) The Division of the Florida Highway Patrol may not 46
72+exclude a wrecker operator from the wrecker operator system or 47
73+fail to designate him or her as an authorized wrecker ope rator 48
74+based solely on a prior felony conviction, unless such 49
75+conviction is for a forcible felony as defined in s. 776.08. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-or persons under certain circumstances; providing 51
89-definitions; amending ss. 83.19, 83.805, 83.806, and 52
90-677.210, F.S.; conforming provisions to changes made 53
91-by the act; amending s. 715.07, F.S.; conforming a 54
92-cross-reference; providing an effective date. 55
93- 56
94-Be It Enacted by the Legislature of the State of Florida: 57
95- 58
96- Section 1. Subsection (5) is added to section 321.051, 59
97-Florida Statutes, to read: 60
98- 321.051 Florida Highway Patrol wrecker operator system; 61
99-penalties for operation outside of system. — 62
100- (5) The Division of the Florida Highway Patrol may not 63
101-exclude a wrecker operato r from the wrecker operator system or 64
102-fail to designate him or her as an authorized wrecker operator 65
103-based solely on a prior felony conviction, unless such 66
104-conviction is for a forcible felony as defined in s. 776.08. 67
105- Section 2. Subsections (1), (2), (4 ), (5), (6), (9), and 68
106-(10), paragraph (a) of subsection (11), paragraph (a) of 69
107-subsection (12), and paragraphs (a), (b), and (d) of subsection 70
108-(13) of section 713.78, Florida Statutes, are amended, and 71
109-subsections (18) and (19) are added to that section, t o read: 72
110- 713.78 Liens for recovering, towing, or storing vehicles 73
111-and vessels.— 74
112- (1) For the purposes of this section, the term: 75
88+ Section 2. Subsections (1), (2), (4), (5), (6), and (9), 51
89+paragraph (a) of subsection (11), paragraph (a) of subsection 52
90+(12), paragraphs (a), (b), and (d) of subsection (13), and 53
91+paragraph (a) of subsection (15) of section 713.78, Florida 54
92+Statutes, are amended, and subsections (18) and (19) are added 55
93+to that section, to read: 56
94+ 713.78 Liens for recovering, towing, or storing vehicles 57
95+and vessels.— 58
96+ (1) For the purposes of this section, the term: 59
97+ (a)(e) "Equivalent commercially available system" means a 60
98+service that charges a fee to provide vehicle information and 61
99+that at a minimum maintains records from those states 62
100+participating in data sharing with the National Motor Vehicle 63
101+Title Information System. 64
102+ (b)(d) "National Motor Vehicle Title Information System" 65
103+means the federally authorized electronic National Motor Vehicle 66
104+Title Information System. 67
105+ (c) "Towing-storage operator" me ans a person who regularly 68
106+engages in the business of transporting vehicles or vessels by 69
107+wrecker, tow truck, or car carrier. 70
108+ (d)(a) "Vehicle" means any mobile item, whether motorized 71
109+or not, which is mounted on wheels. 72
110+ (e)(b) "Vessel" means every desc ription of watercraft, 73
111+barge, and airboat used or capable of being used as a means of 74
112+transportation on water, other than a seaplane or a "documented 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (a)(e) "Equivalent commercially available system" means a 76
126-service that charges a fee to provide vehicle information and 77
127-that at a minimum maintains records from those states 78
128-participating in data sharing with the National Motor Vehicle 79
129-Title Information System. 80
130- (b)(d) "National Motor Vehicle Title Information System" 81
131-means the federally authorized electronic National Motor V ehicle 82
132-Title Information System. 83
133- (c) "Towing-storage operator" means a person who regularly 84
134-engages in the business of transporting vehicles or vessels by 85
135-wrecker, tow truck, or car carrier. 86
136- (d)(a) "Vehicle" means any mobile item, whether motorized 87
137-or not, which is mounted on wheels. 88
138- (e)(b) "Vessel" means every description of watercraft, 89
139-barge, and airboat used or capable of being used as a means of 90
140-transportation on water, other than a seaplane or a "documented 91
141-vessel" as defined in s. 327.02. 92
142- (f)(c) "Wrecker" means any truck or other vehicle that 93
143-which is used to tow, carry, or otherwise transport motor 94
144-vehicles or vessels upon the streets and highways of this state 95
145-and which is equipped for that purpose with a boom, winch, car 96
146-carrier, or other si milar equipment. 97
147- (2)(a) Whenever A towing-storage operator person regularly 98
148-engaged in the business of transporting vehicles or vessels by 99
149-wrecker, tow truck, or car carrier may charge only the following 100
125+vessel" as defined in s. 327.02. 76
126+ (f)(c) "Wrecker" means any truck or other vehicle that 77
127+which is used to tow, carry, or otherwise transport motor 78
128+vehicles or vessels upon the streets and highways of this state 79
129+and which is equipped for that purpose with a boom, winch, car 80
130+carrier, or other similar equipment. 81
131+ (2)(a) Whenever A towing-storage operator person regularly 82
132+engaged in the business of transporting vehicles or vessels by 83
133+wrecker, tow truck, or car carrier may charge only the following 84
134+fees for, or incidental to, the recovery, removal, or storage of 85
135+a vehicle or vessel: 86
136+ 1. A reasonable recovery fee. 87
137+ 2. A reasonable towing fee. 88
138+ 3. A reasonable storage fee. 89
139+ 4. A reasonable fee or charge that is imposed by a county 90
140+or municipality. 91
141+ (b) If a towing-storage operator recovers, removes, or 92
142+stores a vehicle or vessel upon instructions from: 93
143+ 1.(a) The owner thereof; 94
144+ 2.(b) The owner or lessor, or a person authorized by the 95
145+owner or lessor, of property on which such vehicle or vessel is 96
146+wrongfully parked, and the removal is done in compliance with s. 97
147+715.07; 98
148+ 3.(c) The landlord or a person authorize d by the landlord, 99
149+when such motor vehicle or vessel remained on the premises after 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-fees for, or incidental to, the recovery, removal, or storage of 101
163-a vehicle or vessel: 102
164- 1. A reasonable hazardous waste fee. 103
165- 2. A reasonable fee for a service authorized by ordinance 104
166-of the county or municipality in which the service is performed. 105
167- 3. A reasonable fee for a service authorized by rule of 106
168-the Department of Highway Safety and Motor Vehicles. 107
169- 4. A lien release administrative fee as set forth in 108
170-paragraph (15)(a). 109
171- 5. A reasonable administrative fee or charge imposed by a 110
172-county or municipality upon the owner of a vehicle or vessel. 111
173- (b) If a towing-storage operator recovers, removes, or 112
174-stores a vehicle or vessel upon instructions from: 113
175- 1.(a) The owner thereof; 114
176- 2.(b) The owner or lessor, or a person authorized by the 115
177-owner or lessor, of property on which such vehicle or vessel is 116
178-wrongfully parked, and the removal is done in compliance with s. 117
179-715.07; 118
180- 3.(c) The landlord or a person authorized by the landlord, 119
181-when such motor vehicle or vessel remained on the premises after 120
182-the tenancy terminated and the removal is done in complianc e 121
183-with s. 83.806 or s. 715.104; or 122
184- 4.(d) Any law enforcement agency, 123
185- 124
186-she or he has shall have a lien on the vehicle or vessel for a 125
162+the tenancy terminated and the removal is done in compliance 101
163+with s. 83.806 or s. 715.104; or 102
164+ 4.(d) Any law enforcement agency, 103
165+ 104
166+she or he has shall have a lien on the vehicle or vessel for a 105
167+reasonable recovery fee, a reasonable towing fee, for a 106
168+reasonable administrative fee or charge imposed by a county or 107
169+municipality, and for a reasonable storage fee; except that a 108
170+storage fee may not be charged if the vehicle or vess el is 109
171+stored for fewer than 6 hours. 110
172+ (c) A towing-storage operator must accept credit cards, as 111
173+that term is defined in s. 658.995(2)(a). 112
174+ (4)(a) A towing-storage operator person regularly engaged 113
175+in the business of recovering, towing, or storing vehicl es or 114
176+vessels who comes into possession of a vehicle or vessel 115
177+pursuant to paragraph (2)(b) subsection (2), and who claims a 116
178+lien for recovery, towing, or storage services, must shall give 117
179+notice, by certified mail, to the registered owner, the 118
180+insurance company insuring the vehicle notwithstanding s. 119
181+627.736, and all persons claiming a lien thereon, as disclosed 120
182+by the records in the Department of Highway Safety and Motor 121
183+Vehicles or as disclosed by the records of any corresponding 122
184+agency in any other state in which the vehicle is identified 123
185+through a records check of the National Motor Vehicle Title 124
186+Information System or an equivalent commercially available 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-reasonable recovery fee, a reasonable towing fee, for a 126
200-reasonable administrative fee or charge imposed by a county or 127
201-municipality, and for a reasonable storage fee; except that a 128
202-storage fee may not be charged if the vehicle or vessel is 129
203-stored for fewer than 6 hours. 130
204- (c) A towing-storage operator must accept credit cards, 131
205-debit cards, or other electronic payment methods . 132
206- (4)(a) A towing-storage operator person regularly engaged 133
207-in the business of recovering, towing, or storing vehicles or 134
208-vessels who comes into possession of a vehicle or vessel 135
209-pursuant to paragraph (2)(b) subsection (2), and who claims a 136
210-lien for recovery, towing, or storage services, must shall give 137
211-notice, by certified mail, to the registered owner, the 138
212-insurance company insuring the vehicle notwithstanding s. 139
213-627.736, and all persons claiming a lien thereon, as disclo sed 140
214-by the records in the Department of Highway Safety and Motor 141
215-Vehicles or as disclosed by the records of any corresponding 142
216-agency in any other state in which the vehicle is identified 143
217-through a records check of the National Motor Vehicle Title 144
218-Information System or an equivalent commercially available 145
219-system as being titled or registered. 146
220- (b) Whenever a law enforcement agency authorizes the 147
221-removal of a vehicle or vessel or whenever a towing service, 148
222-garage, repair shop, or automotive service, storage, or parking 149
223-place notifies the law enforcement agency of possession of a 150
199+system as being titled or r egistered. 126
200+ (b) Whenever a law enforcement agency authorizes the 127
201+removal of a vehicle or vessel or whenever a towing service, 128
202+garage, repair shop, or automotive service, storage, or parking 129
203+place notifies the law enforcement agency of possession of a 130
204+vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 131
205+enforcement agency of the jurisdiction where the vehicle or 132
206+vessel is stored shall contact the Department of Highway Safety 133
207+and Motor Vehicles, or the appropriate agency of the state of 134
208+registration, if known, within 24 hours through the medium of 135
209+electronic communications, giving the full description of the 136
210+vehicle or vessel. Upon receipt of the full description of the 137
211+vehicle or vessel, the department shall search its files to 138
212+determine the owner's name , the insurance company insuring the 139
213+vehicle or vessel, and whether any person has filed a lien upon 140
214+the vehicle or vessel as provided in s. 319.27(2) and (3) and 141
215+notify the applicable law enforcement agency within 72 hours. 142
216+The person in charge of the tow ing service, garage, repair shop, 143
217+or automotive service, storage, or parking place shall obtain 144
218+such information from the applicable law enforcement agency 145
219+within 5 days after the date of storage and shall give notice 146
220+pursuant to paragraph (a). The departm ent may release the 147
221+insurance company information to the requestor notwithstanding 148
222+s. 627.736. 149
223+ (b)(c) The notice of lien must be sent by certified mail 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 151
237-enforcement agency of the jurisdiction where the vehicle or 152
238-vessel is stored shall contact the Department of Highway Safety 153
239-and Motor Vehicles, or the appropriate agency of the state of 154
240-registration, if known, within 24 hours through the medium of 155
241-electronic communications, giving the full description of the 156
242-vehicle or vessel. Upon receipt of the full description of the 157
243-vehicle or vessel, the department shall search its files to 158
244-determine the owner's name, the insurance company insuring the 159
245-vehicle or vessel, and whether any person has filed a lien upon 160
246-the vehicle or vessel as provided in s. 319.27(2) and (3) and 161
247-notify the applicable law enforcement agency within 72 hours. 162
248-The person in charge of the towing service, garage, repair shop, 163
249-or automotive service, storage, or parking place shall obtain 164
250-such information from the applicable law enforcement agency 165
251-within 5 days after the date of storage and shall give notice 166
252-pursuant to paragraph (a). The department may release the 167
253-insurance company information to the requestor notwithstanding 168
254-s. 627.736. 169
255- (b)(c) The notice of lien must be sent by certified mail 170
256-to the registered owner, the insurance company insuring the 171
257-vehicle notwithstanding s. 627.736, and all other persons 172
258-claiming a lien thereon within 3 7 business days, excluding 173
259-Saturday and Sunday, after the date of storage of the vehicle or 174
260-vessel. However, in no event shall the notice of lien be sent 175
236+to the registered owner, the insurance company insuring the 151
237+vehicle notwithstanding s. 627.736, and al l other persons 152
238+claiming a lien thereon within 3 7 business days, excluding 153
239+Saturday and Sunday, after the date of storage of the vehicle or 154
240+vessel. However, in no event shall the notice of lien be sent 155
241+less than 30 days before the sale of the vehicle or v essel. The 156
242+notice must state: 157
243+ 1. If the claim of lien is for a vehicle, the last 8 158
244+digits of the vehicle identification number of the vehicle 159
245+subject to the lien, or, if the claim of lien is for a vessel, 160
246+the hull identification number of the vessel subj ect to the 161
247+lien, clearly printed in the delivery address box and on the 162
248+outside of the envelope sent to the registered owner and all 163
249+other persons claiming an interest in therein or lien on the 164
250+vehicle or vessel thereon. 165
251+ 2. The name, physical address, an d telephone number of the 166
252+lienor, and the entity name, as registered with the Division of 167
253+Corporations, of the business where the towing and storage 168
254+occurred, which must also appear on the outside of the envelope 169
255+sent to the registered owner and all other persons claiming an 170
256+interest in or lien on the vehicle or vessel. 171
257+ 3. The fact of possession of the vehicle or vessel. 172
258+ 4. The name of the person or entity that authorized the 173
259+lienor to take possession of the vehicle or vessel. 174
260+ 5. That a lien as provid ed in paragraph (2)(b) subsection 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-less than 30 days before the sale of the vehicle or vessel. The 176
274-notice must state: 177
275- 1. If the claim of lien is for a vehicle, the last 8 178
276-digits of the vehicle identification number of the vehicle 179
277-subject to the lien, or, if the cla im of lien is for a vessel, 180
278-the hull identification number of the vessel subject to the 181
279-lien, clearly printed in the delivery address box and on the 182
280-outside of the envelope sent to the registered owner and all 183
281-other persons claiming an interest in therein or lien on the 184
282-vehicle or vessel thereon. 185
283- 2. The name, physical address, and telephone number of the 186
284-lienor, and the entity name, as registered with the Division of 187
285-Corporations, of the business where the towing and storage 188
286-occurred, which must also appe ar on the outside of the envelope 189
287-sent to the registered owner and all other persons claiming an 190
288-interest in or lien on the vehicle or vessel. 191
289- 3. The fact of possession of the vehicle or vessel. 192
290- 4. The name of the person or entity that authorized the 193
291-lienor to take possession of the vehicle or vessel. 194
292- 5. That a lien as provided in paragraph (2)(b) subsection 195
293-(2) is claimed. 196
294- 6. That charges have accrued and include an itemized 197
295-statement of the amount thereof. 198
296- 7. That the lien is subject to enforcem ent under law and 199
297-that the owner or lienholder, if any, has the right to a hearing 200
273+(2) is claimed. 176
274+ 6. That charges have accrued and include an itemized 177
275+statement of the amount thereof. 178
276+ 7. That the lien is subject to enforcement under law and 179
277+that the owner or lienholder, if any, has the right to a he aring 180
278+as set forth in subsection (5). 181
279+ 8. That any vehicle or vessel that remains unclaimed, or 182
280+for which the charges for recovery, towing, or storage services 183
281+remain unpaid, may be sold free of all prior liens 35 days after 184
282+the vehicle or vessel is store d by the lienor if the vehicle or 185
283+vessel is more than 3 years of age or 65 50 days after the 186
284+vehicle or vessel is stored by the lienor if the vehicle or 187
285+vessel is 3 years of age or less. 188
286+ 9. The address at which the vehicle or vessel is 189
287+physically located. 190
288+ (c)(d) The notice of lien may not be sent to the 191
289+registered owner, the insurance company insuring the vehicle or 192
290+vessel, and all other persons claiming a lien thereon less than 193
291+30 days before the sale of a the vehicle or vessel that is more 194
292+than 3 years of age or less than 60 days before the sale of a 195
293+vehicle or vessel that is 3 years of age or less . 196
294+ (d)(e) If attempts to locate the name and address of the 197
295+owner or lienholder prove unsuccessful, the towing -storage 198
296+operator shall, after 3 7 business days, excluding Saturday and 199
297+Sunday, after the initial tow or storage, notify the public 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-as set forth in subsection (5). 201
311- 8. That any vehicle or vessel that remains unclaimed, or 202
312-for which the charges for recovery, towing, or storage services 203
313-remain unpaid, may be sold free of all prior liens 35 days after 204
314-the vehicle or vessel is stored by the lienor if the vehicle or 205
315-vessel is more than 3 years of age or 65 50 days after the 206
316-vehicle or vessel is stored by the lienor if the vehicle or 207
317-vessel is 3 years of age o r less. 208
318- 9. The address at which the vehicle or vessel is 209
319-physically located. 210
320- (c)(d) The notice of lien may not be sent to the 211
321-registered owner, the insurance company insuring the vehicle or 212
322-vessel, and all other persons claiming a lien thereon less tha n 213
323-30 days before the sale of a the vehicle or vessel that is more 214
324-than 3 years of age or less than 60 days before the sale of a 215
325-vehicle or vessel that is 3 years of age or less . 216
326- (d)(e) If attempts to locate the name and address of the 217
327-owner or lienholder prove unsuccessful, the towing -storage 218
328-operator shall, after 3 7 business days, excluding Saturday and 219
329-Sunday, after the initial tow or storage, notify the public 220
330-agency of jurisdiction where the vehicle or vessel is stored in 221
331-writing by certified mail or acknowledged hand delivery that the 222
332-towing-storage company has been unable to locate the name and 223
333-address of the owner or lienholder and a physical search of the 224
334-vehicle or vessel has disclosed no ownership information and a 225
310+agency of jurisdiction where the vehicle or vessel is stored in 201
311+writing by certified mail or acknowledged hand delivery that the 202
312+towing-storage company has been unable t o locate the name and 203
313+address of the owner or lienholder and a physical search of the 204
314+vehicle or vessel has disclosed no ownership information and a 205
315+good faith effort has been made, including records checks of the 206
316+Department of Highway Safety and Motor Veh icles database and the 207
317+National Motor Vehicle Title Information System or an equivalent 208
318+commercially available system. For purposes of this paragraph 209
319+and subsection (9), the term "good faith effort" means that the 210
320+following checks have been performed by th e company to establish 211
321+the prior state of registration and for title: 212
322+ 1. A check of the department's database for the owner and 213
323+any lienholder. 214
324+ 2. A check of the electronic National Motor Vehicle Title 215
325+Information System or an equivalent commercially a vailable 216
326+system to determine the state of registration when there is not 217
327+a current registration record for the vehicle or vessel on file 218
328+with the department. 219
329+ 3. A check of the vehicle or vessel for any type of tag, 220
330+tag record, temporary tag, or regular tag. 221
331+ 4. A check of the law enforcement report for a tag number 222
332+or other information identifying the vehicle or vessel, if the 223
333+vehicle or vessel was towed at the request of a law enforcement 224
334+officer. 225
335335
336-CS/HB 701 2023
336+HB 701 2023
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb0701-01-c1
342-Page 10 of 33
341+hb0701-00
342+Page 10 of 31
343343 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
344344
345345
346346
347-good faith effort has been mad e, including records checks of the 226
348-Department of Highway Safety and Motor Vehicles database and the 227
349-National Motor Vehicle Title Information System or an equivalent 228
350-commercially available system. For purposes of this paragraph 229
351-and subsection (9), the term "good faith effort" means that the 230
352-following checks have been performed by the company to establish 231
353-the prior state of registration and for title: 232
354- 1. A check of the department's database for the owner and 233
355-any lienholder. 234
356- 2. A check of the electronic Na tional Motor Vehicle Title 235
357-Information System or an equivalent commercially available 236
358-system to determine the state of registration when there is not 237
359-a current registration record for the vehicle or vessel on file 238
360-with the department. 239
361- 3. A check of the vehicle or vessel for any type of tag, 240
362-tag record, temporary tag, or regular tag. 241
363- 4. A check of the law enforcement report for a tag number 242
364-or other information identifying the vehicle or vessel, if the 243
365-vehicle or vessel was towed at the request of a law enforcement 244
366-officer. 245
367- 5. A check of the trip sheet or tow ticket of the tow 246
368-truck operator to determine whether a tag was on the vehicle or 247
369-vessel at the beginning of the tow, if a private tow. 248
370- 6. If there is no address of the owner on the impound 249
371-report, a check of the law enforcement report to determine 250
347+ 5. A check of the trip sheet or tow ticket of the tow 226
348+truck operator to determine whether a tag was on the vehicle or 227
349+vessel at the beginning of the tow, if a private tow. 228
350+ 6. If there is no address of the owner on the impound 229
351+report, a check of the law enforcement report to determine 230
352+whether an out-of-state address is indicated from driver license 231
353+information. 232
354+ 7. A check of the vehicle or vessel for an inspection 233
355+sticker or other stickers and decals that may indicate a state 234
356+of possible registration. 235
357+ 8. A check of the interior of the vehicle or vessel f or 236
358+any papers that may be in the glove box, trunk, or other areas 237
359+for a state of registration. 238
360+ 9. A check of the vehicle for a vehicle identification 239
361+number. 240
362+ 10. A check of the vessel for a vessel registration 241
363+number. 242
364+ 11. A check of the vessel hull f or a hull identification 243
365+number which should be carved, burned, stamped, embossed, or 244
366+otherwise permanently affixed to the outboard side of the 245
367+transom or, if there is no transom, to the outmost seaboard side 246
368+at the end of the hull that bears the rudder or other steering 247
369+mechanism. 248
370+ (5)(a) The owner of a vehicle or vessel removed pursuant 249
371+to paragraph (2)(b) subsection (2), or any person claiming a 250
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374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb0701-01-c1
379-Page 11 of 33
378+hb0701-00
379+Page 11 of 31
380380 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
381381
382382
383383
384-whether an out-of-state address is indicated from driver license 251
385-information. 252
386- 7. A check of the vehicle or vessel for an inspection 253
387-sticker or other stickers and decals that may indicate a state 254
388-of possible registration. 255
389- 8. A check of the interior of the vehicle or vessel for 256
390-any papers that may be in the glove box, trunk, or other areas 257
391-for a state of registration. 258
392- 9. A check of the vehicle for a vehicle identification 259
393-number. 260
394- 10. A check of the vessel for a vessel registration 261
395-number. 262
396- 11. A check of the vessel hull for a hull identification 263
397-number which should be carved, burned, stamped, embossed, or 264
398-otherwise permanently affixed to the outboard side of the 265
399-transom or, if there is no transom, to the outmost seaboard side 266
400-at the end of the hull that bears the rudder or other steering 267
401-mechanism. 268
402- (5)(a) The owner of a vehicle or vessel removed pursuant 269
403-to paragraph (2)(b) subsection (2), or any person claiming a 270
404-lien, other than the towing -storage operator, within 10 days 271
405-after the time she or he has knowledge of the location of the 272
406-vehicle or vessel, may file a complaint in the county court of 273
407-the county in which the vehicle or vessel is stored to determine 274
408-whether her or his property was wrong fully taken or withheld. 275
384+lien, other than the towing -storage operator, within 10 days 251
385+after the time she or he has knowledge of the lo cation of the 252
386+vehicle or vessel, may file a complaint in the county court of 253
387+the county in which the vehicle or vessel is stored to determine 254
388+whether her or his property was wrongfully taken or withheld. 255
389+ (b) At any time before the sale of the vehicle or vessel, 256
390+an owner or lienholder may have her or his vehicle or vessel 257
391+released upon payment of the applicable fee in s. 28.24 and 258
392+posting with the court a cash or surety bond , or other adequate 259
393+security, in accordance with s. 559.917 equal to the amount of 260
394+the charges for towing or storage and lot rental amount to 261
395+ensure the payment of such charges in the event she or he does 262
396+not prevail. Upon the posting of the bond and the payment of the 263
397+applicable fee set forth in s. 28.24, the clerk of the court 264
398+shall issue a certificate notifying the lienor of the posting of 265
399+the bond and directing the lienor to release the vehicle or 266
400+vessel. At the time of such release, after reasonable 267
401+inspection, she or he shall give a receipt to the towing -storage 268
402+company reciting any claims she or he has for loss or damage to 269
403+the vehicle or vessel or the contents thereof. 270
404+ (c) Upon determining the respective rights of the parties, 271
405+the court may award damages, attorney attorney's fees, and costs 272
406+in favor of the prevailing party. In an y event, the final order 273
407+must shall provide for immediate payment in full of recovery, 274
408+towing, and storage fees by the vehicle or vessel owner or 275
409409
410-CS/HB 701 2023
410+HB 701 2023
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415-hb0701-01-c1
416-Page 12 of 33
415+hb0701-00
416+Page 12 of 31
417417 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
418418
419419
420420
421- (b) Regardless of whether a complaint is filed pursuant to 276
422-paragraph (a), At any time before the sale of the vehicle or 277
423-vessel, an owner or lienholder may have her or his vehicle or 278
424-vessel released upon payment of the applicable fee in s. 28.24 279
425-and posting with the court a cash or surety bond , or other 280
426-adequate security, in accordance with s. 559.917 equal to the 281
427-amount of the charges for towing or storage and lot rental 282
428-amount to ensure the payment of such charges in the event sh e or 283
429-he does not prevail. Section 559.917 applies to the release of a 284
430-lien on a vehicle, as defined in subsection (1), claimed by a 285
431-towing-storage operator for recovery, towing, or storage 286
432-charges. Upon the posting of the bond and the payment of the 287
433-applicable fee set forth in s. 28.24, the clerk of the court 288
434-shall issue a certificate notifying the lienor of the posting of 289
435-the bond and directing the lienor to release the vehicle or 290
436-vessel. At the time of such release, after reasonable 291
437-inspection, she or he shall give a receipt to the towing -storage 292
438-company reciting any claims she or he has for loss or damage to 293
439-the vehicle or vessel or the contents thereof. 294
440- (c) Upon determining the respective rights of the parties, 295
441-the court may award damages, attorney attorney's fees, and costs 296
442-in favor of the prevailing party. In the any event the lienor 297
443-prevails, the final order must shall provide for immediate 298
444-payment in full of recovery, towing, and storage fees by the 299
445-vehicle or vessel owner or lienholder; or the agen cy ordering 300
421+lienholder; or the agency ordering the tow; or the owner, 276
422+lessee, or agent thereof of the property from which the vehicle 277
423+or vessel was removed. 278
424+ (6) A vehicle or vessel that is stored pursuant to 279
425+paragraph (2)(b) subsection (2) and remains unclaimed, or for 280
426+which reasonable charges for recovery, towing, or storing remain 281
427+unpaid, and any contents not released pur suant to subsection 282
428+(10), may be sold by the owner or operator of the storage space 283
429+for such towing or storage charge 35 days after the vehicle or 284
430+vessel is stored by the lienor if the vehicle or vessel is more 285
431+than 3 years of age or 65 50 days after the vehicle or vessel is 286
432+stored by the lienor if the vehicle or vessel is 3 years of age 287
433+or less. The sale must shall be at public sale for cash. If the 288
434+date of the sale was not included in the notice required in 289
435+subsection (4), notice of the sale must shall be given to the 290
436+person in whose name the vehicle or vessel is registered and to 291
437+all persons claiming a lien on the vehicle or vessel as shown on 292
438+the records of the Department of Highway Safety and Motor 293
439+Vehicles or of any corresponding agency in any other st ate in 294
440+which the vehicle is identified through a records check of the 295
441+National Motor Vehicle Title Information System or an equivalent 296
442+commercially available system as being titled. Notice of the 297
443+sale must be sent by certified mail to the owner of the vehi cle 298
444+or vessel and the person having the recorded lien on the vehicle 299
445+or vessel at the address shown on the records of the registering 300
446446
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447+HB 701 2023
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452-hb0701-01-c1
453-Page 13 of 33
452+hb0701-00
453+Page 13 of 31
454454 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
455455
456456
457457
458-the tow; or the owner, lessee, or agent thereof of the property 301
459-from which the vehicle or vessel was removed. 302
460- (6) A vehicle or vessel that is stored pursuant to 303
461-paragraph (2)(b) subsection (2) and remains unclaimed, or for 304
462-which reasonable charges for recovery, towing, or storing remain 305
463-unpaid, and any contents not released pursuant to subsection 306
464-(10), may be sold by the owner or operator of the storage space 307
465-for such towing or storage charge 35 days after the vehicle or 308
466-vessel is stored by th e lienor if the vehicle or vessel is more 309
467-than 3 years of age or 65 50 days after the vehicle or vessel is 310
468-stored by the lienor if the vehicle or vessel is 3 years of age 311
469-or less. The sale must shall be at public sale for cash. If the 312
470-date of the sale was not included in the notice required in 313
471-subsection (4), notice of the sale must shall be given to the 314
472-person in whose name the vehicle or vessel is registered and to 315
473-all persons claiming a lien on the vehicle or vessel as shown on 316
474-the records of the Department of Highway Safety and Motor 317
475-Vehicles or of any corresponding agency in any other state in 318
476-which the vehicle is identified through a records check of the 319
477-National Motor Vehicle Title Information S ystem or an equivalent 320
478-commercially available system as being titled. Notice of the 321
479-sale must be sent by certified mail to the owner of the vehicle 322
480-or vessel and the person having the recorded lien on the vehicle 323
481-or vessel at the address shown on the recor ds of the registering 324
482-agency at least 30 days before the sale of the vehicle or 325
458+agency at least 30 days before the sale of the vehicle or 301
459+vessel. The notice must have clearly identified and printed, if 302
460+the claim of lien is for a motor vehicle, The last 8 digits of 303
461+the vehicle identification number of the motor vehicle subject 304
462+to the lien, or, if the claim of lien is for a vessel, the hull 305
463+identification number of the vessel subject to the lien, must be 306
464+clearly identified and printed in the delivery address box and 307
465+on the outside of the envelope sent to the registered owner and 308
466+all other persons claiming an interest in therein or lien on the 309
467+vehicle or vessel thereon. The notice must be sent to the owner 310
468+of the vehicle or vessel and the person having the recorded lien 311
469+on the vehicle or vessel at the address shown on the records of 312
470+the registering agency at least 30 days before the sale of the 313
471+vehicle or vessel. The notice must state the name, physical 314
472+address, and telephone number of the lienor, and the vehicle 315
473+identification number if the claim of lien is for a vehicle or 316
474+the hull identification number if the claim of lien is for a 317
475+vessel, all of which must also appear in the return address 318
476+section on the outside of the envelope containing the notice of 319
477+sale. After diligent search and inquiry, if the name and address 320
478+of the registered owner or the owner of the recorded lien cannot 321
479+be ascertained, the requirements of notice by mail may be 322
480+dispensed with. In addition to the notice by mail, public notice 323
481+of the time and place of sale must shall be made by publishing a 324
482+notice thereof one time, at least 30 10 days before the date of 325
483483
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484+HB 701 2023
485485
486486
487487
488488 CODING: Words stricken are deletions; words underlined are additions.
489-hb0701-01-c1
490-Page 14 of 33
489+hb0701-00
490+Page 14 of 31
491491 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
492492
493493
494494
495-vessel. The notice must have clearly identified and printed, if 326
496-the claim of lien is for a motor vehicle, The last 8 digits of 327
497-the vehicle identification number of the motor vehicle subject 328
498-to the lien, or, if the claim of lien is for a vessel, the hull 329
499-identification number of the vessel subject to the lien, must be 330
500-clearly identified and printed in the delivery address box and 331
501-on the outside of the envelope sent to the registe red owner and 332
502-all other persons claiming an interest in therein or lien on the 333
503-vehicle or vessel thereon. The notice must be sent to the owner 334
504-of the vehicle or vessel and the person having the recorded lien 335
505-on the vehicle or vessel at the address shown on the records of 336
506-the registering agency at least 30 days before the sale of the 337
507-vehicle or vessel. The notice must state the name, physical 338
508-address, and telephone number of the lienor, and the vehicle 339
509-identification number if the claim of lien is for a vehi cle or 340
510-the hull identification number if the claim of lien is for a 341
511-vessel, all of which must also appear in the return address 342
512-section on the outside of the envelope containing the notice of 343
513-sale. After diligent search and inquiry, if the name and address 344
514-of the registered owner or the owner of the recorded lien cannot 345
515-be ascertained, the requirements of notice by mail may be 346
516-dispensed with. In addition to the notice by mail, public notice 347
517-of the time and place of sale must shall be made by publishing a 348
518-notice thereof one time, at least 30 10 days before the date of 349
519-the sale, in a newspaper of general circulation in the county in 350
495+the sale, in a newspaper of general circulation in the county in 326
496+which the sale is to be held. The proceeds of the sale, after 327
497+payment of reasonable towing and storage charges, and costs of 328
498+the sale, in that order of priority, must shall be deposited 329
499+with the clerk of the circuit court for the county if the owner 330
500+or lienholder is absen t, and the clerk shall hold such proceeds 331
501+subject to the claim of the owner or lienholder legally entitled 332
502+thereto. The clerk is shall be entitled to receive 5 percent of 333
503+such proceeds for the care and disbursement thereof. The 334
504+certificate of title issued under this law shall be discharged 335
505+of All liens on the certificate of title issued under this 336
506+section must be discharged unless otherwise provided by court 337
507+order. The owner or lienholder may file a complaint after the 338
508+vehicle or vessel has been sold in the county court of the 339
509+county in which it is stored. Upon determining the respective 340
510+rights of the parties, the court may award damages, attorney 341
511+fees, and costs in favor of the prevailing party. 342
512+ (9) Failure to make good faith efforts to substantially 343
513+comply with the notice requirements of this section or precludes 344
514+the imposition of any storage charges against the vehicle or 345
515+vessel. If a lienor fails to provide notice to a person claiming 346
516+a lien on a vehicle or vessel in accordance with subsection (4), 347
517+precludes the imposition of storage charges against the vehicle 348
518+or vessel the lienor may not charge the person for more than 3 7 349
519+days of storage, but such failure does not affect charges made 350
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521+HB 701 2023
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523523
524524
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526-hb0701-01-c1
527-Page 15 of 33
526+hb0701-00
527+Page 15 of 31
528528 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
529529
530530
531531
532-which the sale is to be held. The proceeds of the sale, after 351
533-payment of reasonable towing and storage charges, and costs of 352
534-the sale, in that order of priority, must shall be deposited 353
535-with the clerk of the circuit court for the county if the owner 354
536-or lienholder is absent, and the clerk shall hold such proceeds 355
537-subject to the claim of the owner or lienholder legally entitled 356
538-thereto. The clerk is shall be entitled to receive 5 percent of 357
539-such proceeds for the care and disbursement thereof. Upon 358
540-compliance by the towing -storage operator with this section, The 359
541-certificate of title issued under this law shall be discharged 360
542-of all liens on the certificate of title issued under this 361
543-section must be discharged unless otherwise provided by court 362
544-order. The owner or lienholder may file a complaint after the 363
545-vehicle or vessel has been sold in the county court of the 364
546-county in which it is stor ed. Upon determining the respective 365
547-rights of the parties, the court may award damages, attorney 366
548-fees, and costs in favor of the prevailing party. 367
549- (9) Failure to make good faith efforts to substantially 368
550-comply with the notice requirements of this section or precludes 369
551-the imposition of any storage charges against the vehicle or 370
552-vessel. If a lienor fails to provide notice to a person claiming 371
553-a lien on a vehicle or vessel in accordance with subsection (4), 372
554-precludes the imposition of storage charges against the vehicle 373
555-or vessel the lienor may not charge the person for more than 3 7 374
556-days of storage, but such failure does not affect charges made 375
532+for towing the vehicle or vessel or the priority of liens on the 351
533+vehicle or vessel. 352
534+ (11)(a) Any person regularly engaged in the business of 353
535+recovering, towing, or storing vehicles or vessels who comes 354
536+into possession of a vehicle or vessel pursuant to paragraph 355
537+(2)(b) subsection (2) and who has complied with the provisions 356
538+of subsections (4) (3) and (6), when such vehicle or vessel is 357
539+to be sold for purposes of being dismantled, destroyed, or 358
540+changed in such manner that it is not the motor vehicle or 359
541+vessel described in the certificate of title, must shall report 360
542+the vehicle to the National Motor Vehicle Title Information 361
543+System and apply to the Department of Highway Safety and Motor 362
544+Vehicles for a certificate of destruction. A certificate of 363
545+destruction, which authorizes the dismantling or destruction of 364
546+the vehicle or vessel described therein, is shall be 365
547+reassignable a maximum of two times before dismantling or 366
548+destruction of the vehicle is shall be required, and must shall 367
549+accompany the vehicle or vessel for which it is issued, when 368
550+such vehicle or vessel is sold for su ch purposes, in lieu of a 369
551+certificate of title. The application for a certificate of 370
552+destruction must include proof of reporting to the National 371
553+Motor Vehicle Title Information System and an affidavit from the 372
554+applicant that she or he it has complied with all applicable 373
555+requirements of this section and, if the vehicle or vessel is 374
556+not registered in this state or any other state, by a statement 375
557557
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558+HB 701 2023
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560560
561561
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563-hb0701-01-c1
564-Page 16 of 33
563+hb0701-00
564+Page 16 of 31
565565 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
566566
567567
568568
569-for towing the vehicle or vessel or the priority of liens on the 376
570-vehicle or vessel. 377
571- (10)(a) A towing-storage operator Persons who provide 378
572-services pursuant to this section shall permit rental car 379
573-vehicle or vessel owners, lienholders, insurance company 380
574-representatives, or their agents, which agency is evidenced by 381
575-an original writing acknowledged by the owner before a notary 382
576-public or other person empowered by law to administer oaths, to 383
577-inspect the towed vehicle or vessel and shall release to the 384
578-owner, lienholder, or agent the vehicle , vessel, or all personal 385
579-property not affixed to the vehicle or vessel which was in the 386
580-vehicle or vessel at the time the vehicle or vessel came into 387
581-the custody of the towing-storage operator. For purposes of this 388
582-paragraph, a rental car agreement is not evidence that the 389
583-person who rented the vehicle is an agent of the owner of the 390
584-vehicle and a towing-storage operator may not release a vehicle 391
585-owned by a rental car company to the person who rented the 392
586-vehicle unless the rental car company appoints the person who 393
587-rented the vehicle as its agent person providing such services . 394
588- (b) A towing-storage operator shall permit nonrental 395
589-vehicle or vessel owners, lienholders, insurance company 396
590-representatives, or their agents to inspect the towed vehicle or 397
591-vessel. The towing-storage operator must make the vehicle or 398
592-vessel available for inspec tion during regular business hours 399
593-within 3 business days after receiving a written request to 400
569+from a law enforcement officer that the vehicle or vessel is not 376
570+reported stolen, and must shall be accompanied by such 377
571+documentation as may be required by the department. 378
572+ (12)(a) Any person who violates paragraph (2)(b) any 379
573+provision of subsection (1), subsection (2), subsection (4), 380
574+subsection (5), subsection (6), or subsection (7) is guilty of a 381
575+misdemeanor of the first degree, punishable as provided in s. 382
576+775.082 or s. 775.083. 383
577+ (13)(a) Upon receipt by the Department of Highway Safety 384
578+and Motor Vehicles of written notice from a wrecker operator who 385
579+claims a wrecker operator's lien under subparagraph (2)(b)d. 386
580+paragraph (2)(d) for recovery, towing, or storage of an 387
581+abandoned vehicle or vessel upon instructions from any law 388
582+enforcement agency, for which a certificate of destruction has 389
583+been issued under subsection (11) and the vehicle has been 390
584+reported to the Nationa l Motor Vehicle Title Information System, 391
585+the department shall place the name of the registered owner of 392
586+that vehicle or vessel on the list of those persons who may not 393
587+be issued a license plate or revalidation sticker for any motor 394
588+vehicle under s. 320.03 (8). If the vehicle or vessel is owned 395
589+jointly by more than one person, the name of each registered 396
590+owner must shall be placed on the list. The notice of wrecker 397
591+operator's lien must shall be submitted on forms provided by the 398
592+department and, which must include: 399
593+ 1. The name, address, and telephone number of the wrecker 400
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598598
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600-hb0701-01-c1
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602602 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
603603
604604
605605
606-inspect the vehicle or vessel and shall release to the owner, 401
607-lienholder, or agent the vehicle, vessel, or all personal 402
608-property not affixed to the vehicle or ve ssel which was in the 403
609-vehicle or vessel at the time the vehicle or vessel came into 404
610-the custody of the towing -storage operator. A towing -storage 405
611-operator must accept a copy of an electronic title or a paper 406
612-title as evidence of a person's interest in a veh icle or vessel. 407
613- (11)(a) A towing-storage operator Any person regularly 408
614-engaged in the business of recovering, towing, or storing 409
615-vehicles or vessels who comes into possession of a vehicle or 410
616-vessel pursuant to paragraph (2)(b) subsection (2) and who has 411
617-complied with the provisions of subsections (4) (3) and (6), 412
618-when such vehicle or vessel is to be sold for purposes of being 413
619-dismantled, destroyed, or changed in such manner that it is not 414
620-the motor vehicle or vessel described in the certifica te of 415
621-title, must shall report the vehicle to the National Motor 416
622-Vehicle Title Information System and apply to the Department of 417
623-Highway Safety and Motor Vehicles for a certificate of 418
624-destruction. A certificate of destruction, which authorizes the 419
625-dismantling or destruction of the vehicle or vessel described 420
626-therein, is shall be reassignable a maximum of two times before 421
627-dismantling or destruction of the vehicle is shall be required, 422
628-and must shall accompany the vehicle or vessel for which it is 423
629-issued, when such vehicle or vessel is sold for such purposes, 424
630-in lieu of a certificate of title. The application for a 425
606+operator. 401
607+ 2. The name of the registered owner of the vehicle or 402
608+vessel and the address to which the wrecker operator provided 403
609+notice of the lien to the registered owner under subsectio n (4). 404
610+ 3. A general description of the vehicle or vessel, 405
611+including its color, make, model, body style, and year. 406
612+ 4. The vehicle identification number (VIN); registration 407
613+license plate number, state, and year; validation decal number, 408
614+state, and year; vessel registration number; hull identification 409
615+number; or other identification number, as applicable. 410
616+ 5. The name of the person or the corresponding law 411
617+enforcement agency that requested that the vehicle or vessel be 412
618+recovered, towed, or stored. 413
619+ 6. The amount of the wrecker operator's lien, not to 414
620+exceed the amount allowed by paragraph (b). 415
621+ (b) For purposes of this subsection only, the amount of 416
622+the wrecker operator's lien for which the department will 417
623+prevent issuance of a license plate or revalidat ion sticker may 418
624+not exceed the amount of the charges for recovery, towing, and 419
625+storage of the vehicle or vessel for 7 days. These charges may 420
626+not exceed the maximum rates imposed by the ordinances of the 421
627+respective county or municipality under ss. 125.0103 (1)(c) and 422
628+166.043(1)(c). This paragraph does not limit the amount of a 423
629+wrecker operator's lien claimed under paragraph (2)(b) 424
630+subsection (2) or prevent a wrecker operator from seeking civil 425
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639639 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
640640
641641
642642
643-certificate of destruction must include proof of reporting to 426
644-the National Motor Vehicle Title Information System and an 427
645-affidavit from the applica nt that she or he it has complied with 428
646-all applicable requirements of this section and, if the vehicle 429
647-or vessel is not registered in this state or any other state, by 430
648-a statement from a law enforcement officer that the vehicle or 431
649-vessel is not reported st olen, and must shall be accompanied by 432
650-such documentation as may be required by the department. 433
651- (12)(a) Any person who violates paragraph (2)(b) any 434
652-provision of subsection (1), subsection (2), subsection (4), 435
653-subsection (5), subsection (6), or subsectio n (7) is guilty of a 436
654-misdemeanor of the first degree, punishable as provided in s. 437
655-775.082 or s. 775.083. 438
656- (13)(a) Upon receipt by the Department of Highway Safety 439
657-and Motor Vehicles of written notice from a wrecker operator who 440
658-claims a wrecker operator' s lien under subparagraph (2)(b)4. 441
659-paragraph (2)(d) for recovery, towing, or storage of an 442
660-abandoned vehicle or vessel upon instructions from any law 443
661-enforcement agency, for which a certificate of destruction has 444
662-been issued under subsection (11) and the v ehicle has been 445
663-reported to the National Motor Vehicle Title Information System, 446
664-the department shall place the name of the registered owner of 447
665-that vehicle or vessel on the list of those persons who may not 448
666-be issued a license plate or revalidation sticke r for any motor 449
667-vehicle under s. 320.03(8). If the vehicle or vessel is owned 450
643+remedies for enforcement of the entire amount of the lien, but 426
644+limits only that portion of the lien for which the department 427
645+will prevent issuance of a license plate or revalidation 428
646+sticker. 429
647+ (d) Upon discharge of the amount of the wrecker operator's 430
648+lien allowed by paragraph (b), the wrecker operator must issue a 431
649+certificate of discharged wrecker operator's lien on forms 432
650+provided by the department to each registered owner of the 433
651+vehicle or vessel attesting that the amount of the wrecker 434
652+operator's lien allowed by paragraph (b) has been discharged. 435
653+Upon presentation of the certificate of discharged wrecker 436
654+operator's lien by the registered owner, the department must 437
655+shall immediately remove the registered owner's name from the 438
656+list of those persons who may not be issued a license plate or 439
657+revalidation sticker for any mot or vehicle under s. 320.03(8), 440
658+thereby allowing issuance of a license plate or revalidation 441
659+sticker. Issuance of a certificate of discharged wrecker 442
660+operator's lien under this paragraph does not discharge the 443
661+entire amount of the wrecker operator's lien cl aimed under 444
662+paragraph (2)(b) subsection (2), but only certifies to the 445
663+department that the amount of the wrecker operator's lien 446
664+allowed by paragraph (b), for which the department will prevent 447
665+issuance of a license plate or revalidation sticker, has been 448
666+discharged. 449
667+ (15)(a) A lienor or the lienor's agent may charge an 450
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676676 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
677677
678678
679679
680-jointly by more than one person, the name of each registered 451
681-owner must shall be placed on the list. The notice of wrecker 452
682-operator's lien must shall be submitted on forms provid ed by the 453
683-department and, which must include: 454
684- 1. The name, address, and telephone number of the wrecker 455
685-operator. 456
686- 2. The name of the registered owner of the vehicle or 457
687-vessel and the address to which the wrecker operator provided 458
688-notice of the lien to the registered owner under subsection (4). 459
689- 3. A general description of the vehicle or vessel, 460
690-including its color, make, model, body style, and year. 461
691- 4. The vehicle identification number (VIN); registration 462
692-license plate number, state, and year; valida tion decal number, 463
693-state, and year; vessel registration number; hull identification 464
694-number; or other identification number, as applicable. 465
695- 5. The name of the person or the corresponding law 466
696-enforcement agency that requested that the vehicle or vessel be 467
697-recovered, towed, or stored. 468
698- 6. The amount of the wrecker operator's lien, not to 469
699-exceed the amount allowed by paragraph (b). 470
700- (b) For purposes of this subsection only, the amount of 471
701-the wrecker operator's lien for which the department will 472
702-prevent issuance of a license plate or revalidation sticker may 473
703-not exceed the amount of the charges for recovery, towing, and 474
704-storage of the vehicle or vessel for 7 days. These charges may 475
680+administrative fee to the registered owner or a person claiming 451
681+a lien against the vehicle or vessel to obtain release of the 452
682+vehicle or vessel from the claim of lien imposed under this 453
683+section. The Such administrative fee may not exceed $250 or the 454
684+amount set by the county or municipality, whichever is less . For 455
685+purposes of this paragraph, the term "administrative fee" means 456
686+a lien fee or any fee imposed by the lienor or the lienor's 457
687+agent for administrative costs added to the amount due for 458
688+towing and storing the vehicle or vessel. 459
689+ (18) A towing-storage operator must retain records of all 460
690+vehicles or vessels recovered, towed, or stored; all notice 461
691+publications and certified mailings; and a ll fees imposed under 462
692+this section. 463
693+ (19) This section is the exclusive remedy for the 464
694+placement or foreclosure of a storage lien placed on a vehicle 465
695+or vessel. 466
696+ Section 3. Section 559.917, Florida Statutes, is amended 467
697+to read: 468
698+ 559.917 Bond to release possessory lien claimed by motor 469
699+vehicle repair shop or towing-storage operator.— 470
700+ (1)(a) A customer or a person of record claiming a lien 471
701+against a motor vehicle or vessel may obtain the release of the 472
702+motor vehicle or vessel from any lien claimed under part II of 473
703+chapter 713 by a motor vehicle repair shop for repair work 474
704+performed under a written repair estimate or by a towing-storage 475
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713713 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
714714
715715
716716
717-not exceed the maximum rates imposed by the ordinances of the 476
718-respective county or municipality under ss. 125.0103(1)(c) and 477
719-166.043(1)(c). This paragraph does not limit the amount of a 478
720-wrecker operator's lien claimed under paragraph (2)(b) 479
721-subsection (2) or prevent a wrecker operator from seeking civil 480
722-remedies for enforcement of t he entire amount of the lien, but 481
723-limits only that portion of the lien for which the department 482
724-will prevent issuance of a license plate or revalidation 483
725-sticker. 484
726- (d) Upon discharge of the amount of the wrecker operator's 485
727-lien allowed by paragraph (b), th e wrecker operator must issue a 486
728-certificate of discharged wrecker operator's lien on forms 487
729-provided by the department to each registered owner of the 488
730-vehicle or vessel attesting that the amount of the wrecker 489
731-operator's lien allowed by paragraph (b) has be en discharged. 490
732-Upon presentation of the certificate of discharged wrecker 491
733-operator's lien by the registered owner, the department must 492
734-shall immediately remove the registered owner's name from the 493
735-list of those persons who may not be issued a license plate or 494
736-revalidation sticker for any motor vehicle under s. 320.03(8), 495
737-thereby allowing issuance of a license plate or revalidation 496
738-sticker. Issuance of a certificate of discharged wrecker 497
739-operator's lien under this paragraph does not discharge the 498
740-entire amount of the wrecker operator's lien claimed under 499
741-paragraph (2)(b) subsection (2), but only certifies to the 500
717+operator for recovery, towing, or storage charges by filing with 476
718+the clerk of the court in the c ircuit in which the disputed 477
719+transaction occurred a cash or surety bond, payable to the 478
720+person claiming the lien and conditioned for the payment of any 479
721+judgment which may be entered on the lien. The bond must shall 480
722+be in the amount stated on the notice of lien required under s. 481
723+713.78(4) or on the invoice required by s. 559.911, plus accrued 482
724+storage charges, if any, less any amount paid to the motor 483
725+vehicle repair shop as indicated on the invoice. The customer or 484
726+person is shall not be required to institute judicial 485
727+proceedings in order to post the bond in the registry of the 486
728+court and is shall not be required to use a particular form for 487
729+posting the bond unless the clerk provides such form to the 488
730+customer or person for filing. Upon the posting of such bond, 489
731+the clerk of the court shall automatically issue a certificate 490
732+notifying the lienor of the posting of the bond and directing 491
733+the lienor to release the motor vehicle or vessel. 492
734+ (b) The lienor has shall have 60 days to file suit to 493
735+recover the bond. The p revailing party in that action may be 494
736+entitled to damages plus court costs and reasonable attorney 495
737+fees. If the lienor fails to file suit within 60 days after the 496
738+posting of such bond, the bond must shall be discharged by the 497
739+clerk. 498
740+ (2) If the failure of a lienor fails to release or return 499
741+to the customer or person the motor vehicle or vessel upon which 500
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750750 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
751751
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753753
754-department that the amount of the wrecker operator's lien 501
755-allowed by paragraph (b), for which the department will prevent 502
756-issuance of a license plate or revalidation sticker, has been 503
757-discharged. 504
758- (18) A towing-storage operator must for 3 years retain 505
759-records produced for all vehicles or vessels recovered, towed, 506
760-stored, or released. Such records must include at least all of 507
761-the following: 508
762- (a) All notice publications and certified mailings. 509
763- (b) The purchase price of any unclaimed vehicle or vessel 510
764-sold. 511
765- (c) The name and address of any person to whom a vehicle 512
766-or vessel is released. 513
767- (d) The name and address of the purchaser of any unclaimed 514
768-vehicle or vessel. 515
769- (e) All fees imposed under this section. 516
770- (19) This section is the exclusive remedy for the 517
771-foreclosure of a storage lien placed on a vehicle or vessel 518
772-under s. 83.19, s. 83.805, or s. 677.210. 519
773- Section 3. Section 559.917, Florida Statutes, is amended 520
774-to read: 521
775- 559.917 Bond to release possessory lien claimed by motor 522
776-vehicle repair shop or towing-storage operator.— 523
777- (1)(a) A customer or a person of record claiming a lien 524
778-against a motor vehicle or vessel may obtain the release of the 525
754+any lien is claimed, upon receiving a copy of a certificate 501
755+giving notice of the posting of the bond and directing release 502
756+of the motor vehicle or vessel, the lienor is shall subject the 503
757+lienor to judicial proceedings which may be brought by the 504
758+customer or person to compel compliance with the certificate. If 505
759+Whenever a customer or person brings an action to compel 506
760+compliance with the certificate, the custo mer or person must 507
761+need only establish the following that: 508
762+ (a) That the bond in the amount on the notice of lien 509
763+required under s. 713.78(4) or on of the invoice, plus accrued 510
764+storage charges, if any, less any amount paid to the motor 511
765+vehicle repair shop as indicated on the invoice, was posted .; 512
766+ (b) That a certificate was issued under pursuant to this 513
767+section.; 514
768+ (c) That the motor vehicle repair sho p or towing-storage 515
769+operator, or any employee or agent thereof who is authorized to 516
770+release the motor vehicle or vessel, received a copy of a 517
771+certificate issued under pursuant to this section.; and 518
772+ (d) That the motor vehicle repair shop or towing-storage 519
773+operator, or an employee or agent thereof who is authorized to 520
774+release the motor vehicle or vessel, failed to release the motor 521
775+vehicle or vessel. 522
776+ 523
777+The customer or person, upon a judgment in her or his favor in 524
778+an action brought under this subsection, may be entitled to 525
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787787 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
788788
789789
790790
791-motor vehicle or vessel from any lien claimed under part II of 526
792-chapter 713 by a motor vehicle repair shop for repair work 527
793-performed under a written repair estimate or by a towing-storage 528
794-operator for recovery, towing, or storage charges by filing with 529
795-the clerk of the court in the circuit in which the disputed 530
796-transaction occurred a cash or surety bond, payable to the 531
797-person claiming the lien and conditioned for the payment of any 532
798-judgment which may be entered on the lien. The bond must shall 533
799-be in the amount stated on the notice of lien required under s. 534
800-713.78(4) or on the invoice required by s. 559.911, plus accrued 535
801-storage charges, if any, less any amount paid to the motor 536
802-vehicle repair shop as indicated on the invoice. The customer or 537
803-person is shall not be required to institute judicial 538
804-proceedings in order to post the bond in the registry of the 539
805-court and is shall not be required to use a particular form for 540
806-posting the bond unless the clerk provides such form to the 541
807-customer or person for filing. Upon the posting of such bond, 542
808-the clerk of the court shall automatically issue a certificate 543
809-notifying the lienor of the posting of the bond and directing 544
810-the lienor to release the motor vehicle or vessel. 545
811- (b) The lienor has shall have 60 days to file suit to 546
812-recover the bond. The prevailing party in that action may be 547
813-entitled to damages plus court costs and reasonable attorney 548
814-fees. If the lienor fails to file suit within 60 days after the 549
815-posting of such bond, the bond must shall be discharged by the 550
791+damages plus court costs and reasonable attorney fees sustained 526
792+by her or him by reason of such wrongful detention or retention. 527
793+Upon a judgment in favor of the motor vehicle repair shop or 528
794+towing-storage operator, the shop or towing-storage operator may 529
795+be entitled to reasonable attorney fees. 530
796+ (3) A motor vehicle repair shop or towing-storage operator 531
797+that, or an employee or agent thereof who is authorized to 532
798+release the motor vehicle or vessel, who, upon receiving a copy 533
799+of a certificate giving notice of the posting of the bond in the 534
800+required amount and directing release of the motor vehicle or 535
801+vessel, fails to release or return the property to the customer 536
802+or person pursuant to this section commits a misdemeanor of the 537
803+second degree, punishable as provided in s. 775.082 or s. 538
804+775.083. 539
805+ (4) A customer or person who stops payment on a credit 540
806+card charge or a check drawn in favor of a motor vehicle repair 541
807+shop on account of an invoice or who fails to post a cash or 542
808+surety bond under pursuant to this section is shall be 543
809+prohibited from any recourse under this section with respect to 544
810+the motor vehicle repair shop. 545
811+ (5) For purposes of this section, the terms "towing -546
812+storage operator" and "vessel" have the same meanings as in s. 547
813+713.78(1). 548
814+ Section 4. Section 83.09, Florida Statutes, is amended to 549
815+read: 550
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824824 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
825825
826826
827827
828-clerk. 551
829- (2) If the failure of a lienor fails to release or return 552
830-to the customer or person the motor vehicle or vessel upon which 553
831-any lien is claimed, upon receiving a copy of a certificate 554
832-giving notice of the posting of the bond and directi ng release 555
833-of the motor vehicle or vessel, the lienor is shall subject the 556
834-lienor to judicial proceedings which may be brought by the 557
835-customer or person to compel compliance with the certificate. If 558
836-Whenever a customer or person brings an action to compel 559
837-compliance with the certificate, the customer or person must 560
838-need only establish the following that: 561
839- (a) That the bond in the amount on the notice of lien 562
840-required under s. 713.78(4) or on of the invoice, plus accrued 563
841-storage charges, if any, less any am ount paid to the motor 564
842-vehicle repair shop as indicated on the invoice, was posted .; 565
843- (b) That a certificate was issued under pursuant to this 566
844-section.; 567
845- (c) That the motor vehicle repair shop or towing-storage 568
846-operator, or any employee or agent thereof who is authorized to 569
847-release the motor vehicle or vessel, received a copy of a 570
848-certificate issued under pursuant to this section.; and 571
849- (d) That the motor vehicle repair shop or towing-storage 572
850-operator, or an employee or agent thereof who is authorized to 573
851-release the motor vehicle or vessel, failed to release the motor 574
852-vehicle or vessel. 575
828+ 83.09 Exemptions from liens for rent. — 551
829+ (1) The No property of any tenant or lessee shall be 552
830+exempt from distress and sale for rent, except beds, bedclothes, 553
831+and wearing apparel of a tenant or lessee are exempt from 554
832+distress and sale for rent . 555
833+ (2) A lien on a vehicle or vessel, as those terms are 556
834+defined in s. 713.78(1), of a tenant or lessee must be placed 557
835+and foreclosed pursuant to s. 713.78 and may not be placed or 558
836+foreclosed under this chapter. 559
837+ Section 5. Section 83.805, Florida Statutes, is amended to 560
838+read: 561
839+ 83.805 Lien.— 562
840+ (1) The owner of a self-service storage facility or self -563
841+contained storage unit and the owner's heirs, executors, 564
842+administrators, successors, and assigns hav e a lien upon all 565
843+personal property, whether or not owned by the tenant, located 566
844+at a self-service storage facility or in a self -contained 567
845+storage unit for rent, labor charges, or other charges, present 568
846+or future, in relation to the personal property and f or expenses 569
847+necessary for its preservation or expenses reasonably incurred 570
848+in its sale or other disposition pursuant to ss. 83.801 -83.809. 571
849+The lien provided for in this section attaches as of the date 572
850+that the personal property is brought to the self -service 573
851+storage facility or as of the date the tenant takes possession 574
852+of the self-contained storage unit, and the priority of this 575
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861861 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
862862
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864864
865- 576
866-The customer or person of record claiming a lien against a motor 577
867-vehicle or vessel, upon a judgment in her or his favor in an 578
868-action brought under this subsection, may be entitled to damages 579
869-plus court costs and reasonable attorney fees sustained by her 580
870-or him by reason of such wrongful detention or retention. Upon a 581
871-judgment in favor of the motor vehicle repair shop or towing-582
872-storage operator, the shop or towing-storage operator may be 583
873-entitled to reasonable attorney fees. 584
874- (3) A motor vehicle repair shop or towing-storage operator 585
875-that, or an employee or agent thereof who is authorize d to 586
876-release the motor vehicle or vessel, who, upon receiving a copy 587
877-of a certificate giving notice of the posting of the bond in the 588
878-required amount and directing release of the motor vehicle or 589
879-vessel, fails to release or return the property to the custo mer 590
880-or person pursuant to this section commits a misdemeanor of the 591
881-second degree, punishable as provided in s. 775.082 or s. 592
882-775.083. 593
883- (4) A customer or person who stops payment on a credit 594
884-card charge or a check drawn in favor of a motor vehicle repair 595
885-shop on account of an invoice or who fails to post a cash or 596
886-surety bond under pursuant to this section is shall be 597
887-prohibited from any recourse under this section with respect to 598
888-the motor vehicle repair shop. 599
889- (5) For purposes of this section, the terms "towing-600
865+lien shall be the same as provided in s. 83.08; however, in the 576
866+event of default, the owner must give notice to persons who hold 577
867+perfected security interests under the Uniform Commercial Code 578
868+in which the tenant is named as the debtor. 579
869+ (2) A lien on a vehicle or vessel, as those terms are 580
870+defined in s. 713.78(1), of a tenant must be placed and 581
871+foreclosed pursuant to s. 713.78 and may not be placed or 582
872+foreclosed under this chapter. 583
873+ Section 6. Subsection (10) is added to section 677.210, 584
874+Florida Statutes, to read: 585
875+ 677.210 Enforcement of warehouse's lien. — 586
876+ (10) A lien on a vehicle or vessel, as those terms are 587
877+defined in s. 713.78(1), must be placed and foreclosed pursuant 588
878+to s. 713.78 and may not be placed or foreclosed under this 589
879+chapter. 590
880+ Section 7. Paragraph (a) of subsection (2) of section 591
881+715.07, Florida Statutes, is amended to read: 592
882+ 715.07 Vehicles or vessels parked on private property; 593
883+towing.— 594
884+ (2) The owner or lessee of real property, or any person 595
885+authorized by the owner or lessee, which person may be the 596
886+designated representative of the condominium association if the 597
887+real property is a condominium, may cause any vehicle or vessel 598
888+parked on such property without her or his permission to be 599
889+removed by a person regularly engaged in the business of towing 600
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898898 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
899899
900900
901901
902-storage operator" and "vessel" have the same meanings as in s. 601
903-713.78(1). 602
904- Section 4. Subsection (5) is added to section 83.19, 603
905-Florida Statutes, to read: 604
906- 83.19 Sale of property distrained. — 605
907- (5) A lien on a vehicle or vessel, as those terms are 606
908-defined in s. 713.78(1), of a tenant or lessee must be 607
909-foreclosed pursuant to s. 713.78 and may not be foreclosed under 608
910-this chapter. 609
911- Section 5. Section 83.805, Florida Statutes, is amended to 610
912-read: 611
913- 83.805 Lien.— 612
914- (1) The owner of a self-service storage facility or self -613
915-contained storage unit and the owner's heirs, executors, 614
916-administrators, successors, and assigns have a lien upon all 615
917-personal property, whether or not owned by the tenant, located 616
918-at a self-service storage facility or in a self -contained 617
919-storage unit for rent, labor charges, or other charges, present 618
920-or future, in relation to the personal property and for expenses 619
921-necessary for its preservation or expenses reasonably incurred 620
922-in its sale or other disposition pursuant to ss. 83.80 1-83.809. 621
923-The lien provided for in this section attaches as of the date 622
924-that the personal property is brought to the self -service 623
925-storage facility or as of the date the tenant takes possession 624
926-of the self-contained storage unit, and the priority of this 625
902+vehicles or vessels, without liability for the costs of removal, 601
903+transportation, or storage or damages caused by such removal, 602
904+transportation, or storage, under any of the following 603
905+circumstances: 604
906+ (a) The towing or removal of any vehicle or vessel from 605
907+private property without the consent of the registered owner or 606
908+other legally authori zed person in control of that vehicle or 607
909+vessel is subject to substantial compliance with the following 608
910+conditions and restrictions: 609
911+ 1.a. Any towed or removed vehicle or vessel must be stored 610
912+at a site within a 10 -mile radius of the point of removal in a ny 611
913+county of 500,000 population or more, and within a 15 -mile 612
914+radius of the point of removal in any county of fewer than 613
915+500,000 population. That site must be open for the purpose of 614
916+redemption of vehicles on any day that the person or firm towing 615
917+such vehicle or vessel is open for towing purposes, from 8:00 616
918+a.m. to 6:00 p.m., and, when closed, shall have prominently 617
919+posted a sign indicating a telephone number where the operator 618
920+of the site can be reached at all times. Upon receipt of a 619
921+telephoned request t o open the site to redeem a vehicle or 620
922+vessel, the operator shall return to the site within 1 hour or 621
923+she or he will be in violation of this section. 622
924+ b. If no towing business providing such service is located 623
925+within the area of towing limitations set forth in sub -624
926+subparagraph a., the following limitations apply: any towed or 625
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935935 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
936936
937937
938938
939-lien shall be the same as provided in s. 83.08; however, in the 626
940-event of default, the owner must give notice to persons who hold 627
941-perfected security interests under the Uniform Commercial Code 628
942-in which the tenant is named as the debtor. 629
943- (2) A lien on a vehi cle or vessel, as those terms are 630
944-defined in s. 713.78(1), of a tenant or lessee must be 631
945-foreclosed pursuant to s. 713.78 and may not be foreclosed under 632
946-this chapter. 633
947- Section 6. Subsection (10) of section 83.806, Florida 634
948-Statutes, is amended to read: 635
949- 83.806 Enforcement of lien. —An owner's lien as provided in 636
950-s. 83.805 may be satisfied as follows: 637
951- (10) If a lien is claimed on property that is a motor 638
952-vehicle or a watercraft and rent and other charges related to 639
953-the property remain unpaid or unsatisf ied for 60 days after the 640
954-maturity of the obligation to pay the rent and other charges, 641
955-the facility or unit owner may sell the property pursuant to s. 642
956-713.78 this section or have the property towed. If a motor 643
957-vehicle or watercraft is towed, the facility or unit owner is 644
958-not liable for the motor vehicle or watercraft or any damages to 645
959-the motor vehicle or watercraft once a wrecker takes possession 646
960-of the property. The wrecker taking possession of the property 647
961-must comply with all notification and sale requ irements provided 648
962-in s. 713.78. 649
963- Section 7. Subsection (10) is added to section 677.210, 650
939+removed vehicle or vessel must be stored at a site within a 20 -626
940+mile radius of the point of removal in any county of 500,000 627
941+population or more, and within a 30 -mile radius of the point of 628
942+removal in any county of fewer than 500,000 population. 629
943+ 2. The person or firm towing or removing the vehicle or 630
944+vessel shall, within 30 minutes after completion of such towing 631
945+or removal, notify the municipal police department or, in an 632
946+unincorporated area, the sheriff, of such towing or removal, the 633
947+storage site, the time the vehicle or vessel was towed or 634
948+removed, and the make, model, color, and license plate number of 635
949+the vehicle or description and registration number of the vessel 636
950+and shall obtain the name of the person at that department to 637
951+whom such information was reported and note that name on the 638
952+trip record. 639
953+ 3. A person in the process o f towing or removing a vehicle 640
954+or vessel from the premises or parking lot in which the vehicle 641
955+or vessel is not lawfully parked must stop when a person seeks 642
956+the return of the vehicle or vessel. The vehicle or vessel must 643
957+be returned upon the payment of a reasonable service fee of not 644
958+more than one-half of the posted rate for the towing or removal 645
959+service as provided in subparagraph 6. The vehicle or vessel may 646
960+be towed or removed if, after a reasonable opportunity, the 647
961+owner or legally authorized person in control of the vehicle or 648
962+vessel is unable to pay the service fee. If the vehicle or 649
963+vessel is redeemed, a detailed signed receipt must be given to 650
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972972 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
973973
974974
975975
976-Florida Statutes, to read: 651
977- 677.210 Enforcement of warehouse's lien. — 652
978- (10) A lien on a vehicle or vessel, as those terms are 653
979-defined in s. 713.78(1), must be foreclosed pursuant to s. 654
980-713.78 and may not be foreclosed under this chapter. 655
981- Section 8. Paragraph (a) of subsection (2) of section 656
982-715.07, Florida Statutes, is amended to read: 657
983- 715.07 Vehicles or vessels parked on private property; 658
984-towing.— 659
985- (2) The owner or lessee of real property, or any person 660
986-authorized by the owner or lessee, which person may be the 661
987-designated representative of the condominium association if the 662
988-real property is a condominium, may cause any vehicle or vessel 663
989-parked on such property without her or his permission to be 664
990-removed by a person regularly engaged in the business of towing 665
991-vehicles or vessels, without liability for the costs of removal, 666
992-transportation, or storage or damages caused by such removal, 667
993-transportation, or stor age, under any of the following 668
994-circumstances: 669
995- (a) The towing or removal of any vehicle or vessel from 670
996-private property without the consent of the registered owner or 671
997-other legally authorized person in control of that vehicle or 672
998-vessel is subject to subs tantial compliance with the following 673
999-conditions and restrictions: 674
1000- 1.a. Any towed or removed vehicle or vessel must be stored 675
976+the person redeeming the vehicle or vessel. 651
977+ 4. A person may not pay or accept money or other valuable 652
978+consideration for the privilege of towing or removing vehicles 653
979+or vessels from a particular location. 654
980+ 5. Except for property appurtenant to and obviously a part 655
981+of a single-family residence, and except for instances when 656
982+notice is personally given to the ow ner or other legally 657
983+authorized person in control of the vehicle or vessel that the 658
984+area in which that vehicle or vessel is parked is reserved or 659
985+otherwise unavailable for unauthorized vehicles or vessels and 660
986+that the vehicle or vessel is subject to being removed at the 661
987+owner's or operator's expense, any property owner or lessee, or 662
988+person authorized by the property owner or lessee, before towing 663
989+or removing any vehicle or vessel from private property without 664
990+the consent of the owner or other legally author ized person in 665
991+control of that vehicle or vessel, must post a notice meeting 666
992+the following requirements: 667
993+ a. The notice must be prominently placed at each driveway 668
994+access or curb cut allowing vehicular access to the property 669
995+within 10 feet from the road, as defined in s. 334.03(22). If 670
996+there are no curbs or access barriers, the signs must be posted 671
997+not fewer than one sign for each 25 feet of lot frontage. 672
998+ b. The notice must clearly indicate, in not fewer than 2 -673
999+inch high, light-reflective letters on a co ntrasting background, 674
1000+that unauthorized vehicles will be towed away at the owner's 675
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10091009 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
10101010
10111011
10121012
1013-at a site within a 10 -mile radius of the point of removal in any 676
1014-county of 500,000 population or more, and within a 15 -mile 677
1015-radius of the point of removal in any county of fewer than 678
1016-500,000 population. That site must be open for the purpose of 679
1017-redemption of vehicles on any day that the person or firm towing 680
1018-such vehicle or vessel is open for towing purposes, from 8:00 681
1019-a.m. to 6:00 p.m., and, when closed, shall have prominently 682
1020-posted a sign indicating a telephone number where the operator 683
1021-of the site can be reached at all times. Upon receipt of a 684
1022-telephoned request to open the site to redeem a vehicle or 685
1023-vessel, the operator shall return to the site within 1 hour or 686
1024-she or he will be in violation of this section. 687
1025- b. If no towing business providing such service is located 688
1026-within the area of towing limitations set forth in sub -689
1027-subparagraph a., the following limitations apply: any to wed or 690
1028-removed vehicle or vessel must be stored at a site within a 20 -691
1029-mile radius of the point of removal in any county of 500,000 692
1030-population or more, and within a 30 -mile radius of the point of 693
1031-removal in any county of fewer than 500,000 population. 694
1032- 2. The person or firm towing or removing the vehicle or 695
1033-vessel shall, within 30 minutes after completion of such towing 696
1034-or removal, notify the municipal police department or, in an 697
1035-unincorporated area, the sheriff, of such towing or removal, the 698
1036-storage site, the time the vehicle or vessel was towed or 699
1037-removed, and the make, model, color, and license plate number of 700
1013+expense. The words "tow -away zone" must be included on the sign 676
1014+in not fewer than 4-inch high letters. 677
1015+ c. The notice must also provide the name and current 678
1016+telephone number of the person or firm towing or removing the 679
1017+vehicles or vessels. 680
1018+ d. The sign structure containing the required notices must 681
1019+be permanently installed with the words "tow -away zone" not 682
1020+fewer than 3 feet and not more than 6 feet above ground level 683
1021+and must be continuously maintained on the property for not 684
1022+fewer than 24 hours before the towing or removal of any vehicles 685
1023+or vessels. 686
1024+ e. The local government may require permitting and 687
1025+inspection of these signs before any towing or removal of 688
1026+vehicles or vessels being authorized. 689
1027+ f. A business with 20 or fewer parking spaces satisfies 690
1028+the notice requirements of this subparagraph by prominently 691
1029+displaying a sign stating "Reserved Parking for Customers Only 692
1030+Unauthorized Vehicles or Vessels Will be Towed Awa y At the 693
1031+Owner's Expense" in not fewer than 4 -inch high, light-reflective 694
1032+letters on a contrasting background. 695
1033+ g. A property owner towing or removing vessels from real 696
1034+property must post notice, consistent with the requirements in 697
1035+sub-subparagraphs a.-f., which apply to vehicles, that 698
1036+unauthorized vehicles or vessels will be towed away at the 699
1037+owner's expense. 700
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10471047
10481048
10491049
1050-the vehicle or description and registration number of the vessel 701
1051-and shall obtain the name of the person at that department to 702
1052-whom such information was reported and note that name on the 703
1053-trip record. 704
1054- 3. A person in the process of towing or removing a vehicle 705
1055-or vessel from the premises or parking lot in which the vehicle 706
1056-or vessel is not lawfully parked must stop when a person seeks 707
1057-the return of the vehicle or vessel. The vehicle or vessel must 708
1058-be returned upon the payment of a reasonable service fee of not 709
1059-more than one-half of the posted rate for the towing or removal 710
1060-service as provided in subparagraph 6. The vehicle or vessel may 711
1061-be towed or removed if, after a reasonable opportunity, the 712
1062-owner or legally authorized person in control of the vehicle or 713
1063-vessel is unable to pay the service fee. If the vehicle or 714
1064-vessel is redeemed, a detailed signed receipt must be given to 715
1065-the person redeeming t he vehicle or vessel. 716
1066- 4. A person may not pay or accept money or other valuable 717
1067-consideration for the privilege of towing or removing vehicles 718
1068-or vessels from a particular location. 719
1069- 5. Except for property appurtenant to and obviously a part 720
1070-of a single-family residence, and except for instances when 721
1071-notice is personally given to the owner or other legally 722
1072-authorized person in control of the vehicle or vessel that the 723
1073-area in which that vehicle or vessel is parked is reserved or 724
1074-otherwise unavailable for unauthorized vehicles or vessels and 725
1050+ 701
1051+A business owner or lessee may authorize the removal of a 702
1052+vehicle or vessel by a towing company when the vehicle or vessel 703
1053+is parked in such a mann er that restricts the normal operation 704
1054+of business; and if a vehicle or vessel parked on a public 705
1055+right-of-way obstructs access to a private driveway the owner, 706
1056+lessee, or agent may have the vehicle or vessel removed by a 707
1057+towing company upon signing an ord er that the vehicle or vessel 708
1058+be removed without a posted tow -away zone sign. 709
1059+ 6. Any person or firm that tows or removes vehicles or 710
1060+vessels and proposes to require an owner, operator, or person in 711
1061+control or custody of a vehicle or vessel to pay the cos ts of 712
1062+towing and storage before redemption of the vehicle or vessel 713
1063+must file and keep on record with the local law enforcement 714
1064+agency a complete copy of the current rates to be charged for 715
1065+such services and post at the storage site an identical rate 716
1066+schedule and any written contracts with property owners, 717
1067+lessees, or persons in control of property which authorize such 718
1068+person or firm to remove vehicles or vessels as provided in this 719
1069+section. 720
1070+ 7. Any person or firm towing or removing any vehicles or 721
1071+vessels from private property without the consent of the owner 722
1072+or other legally authorized person in control or custody of the 723
1073+vehicles or vessels shall, on any trucks, wreckers as defined in 724
1074+s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 725
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10831083 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
10841084
10851085
10861086
1087-that the vehicle or vessel is subject to being removed at the 726
1088-owner's or operator's expense, any property owner or lessee, or 727
1089-person authorized by the property owner or lessee, before towing 728
1090-or removing any vehicle or vessel from private property without 729
1091-the consent of the owner or other legally authorized person in 730
1092-control of that vehicle or vessel, must post a notice meeting 731
1093-the following requirements: 732
1094- a. The notice must be prominently placed at each driveway 733
1095-access or curb cut allowing vehicular access to the property 734
1096-within 10 feet from the road, as defined in s. 334.03(22). If 735
1097-there are no curbs or access barriers, the signs must be posted 736
1098-not fewer than one sign for each 25 feet of lot frontage. 737
1099- b. The notice must clearly indicate, in not fewer than 2 -738
1100-inch high, light-reflective letters on a contrasting background, 739
1101-that unauthorized vehicles will be towed away at the owner's 740
1102-expense. The words "tow -away zone" must be included on the sign 741
1103-in not fewer than 4-inch high letters. 742
1104- c. The notice must also provide the name and current 743
1105-telephone number of the person or firm towing or removing the 744
1106-vehicles or vessels. 745
1107- d. The sign structure containing the required notices must 746
1108-be permanently installed with the words "t ow-away zone" not 747
1109-fewer than 3 feet and not more than 6 feet above ground level 748
1110-and must be continuously maintained on the property for not 749
1111-fewer than 24 hours before the towing or removal of any vehicles 750
1087+towing or removal, have the name, address, and telephone number 726
1088+of the company performing such service clearly printed in 727
1089+contrasting colors on the driver and passenger sides of the 728
1090+vehicle. The name shall be in at least 3 -inch permanently 729
1091+affixed letters, and the ad dress and telephone number shall be 730
1092+in at least 1-inch permanently affixed letters. 731
1093+ 8. Vehicle entry for the purpose of removing the vehicle 732
1094+or vessel shall be allowed with reasonable care on the part of 733
1095+the person or firm towing the vehicle or vessel. S uch person or 734
1096+firm shall be liable for any damage occasioned to the vehicle or 735
1097+vessel if such entry is not in accordance with the standard of 736
1098+reasonable care. 737
1099+ 9. When a vehicle or vessel has been towed or removed 738
1100+pursuant to this section, it must be rele ased to its owner or 739
1101+person in control or custody within 1 hour after requested. Any 740
1102+vehicle or vessel owner or person in control or custody has the 741
1103+right to inspect the vehicle or vessel before accepting its 742
1104+return, and no release or waiver of any kind wh ich would release 743
1105+the person or firm towing the vehicle or vessel from liability 744
1106+for damages noted by the owner or person in control or custody 745
1107+at the time of the redemption may be required from any vehicle 746
1108+or vessel owner or person in control or custody a s a condition 747
1109+of release of the vehicle or vessel to its owner or person in 748
1110+control or custody. A detailed receipt showing the legal name of 749
1111+the company or person towing or removing the vehicle or vessel 750
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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11221122
11231123
1124-or vessels. 751
1125- e. The local government may require p ermitting and 752
1126-inspection of these signs before any towing or removal of 753
1127-vehicles or vessels being authorized. 754
1128- f. A business with 20 or fewer parking spaces satisfies 755
1129-the notice requirements of this subparagraph by prominently 756
1130-displaying a sign stating "R eserved Parking for Customers Only 757
1131-Unauthorized Vehicles or Vessels Will be Towed Away At the 758
1132-Owner's Expense" in not fewer than 4 -inch high, light-reflective 759
1133-letters on a contrasting background. 760
1134- g. A property owner towing or removing vessels from real 761
1135-property must post notice, consistent with the requirements in 762
1136-sub-subparagraphs a.-f., which apply to vehicles, that 763
1137-unauthorized vehicles or vessels will be towed away at the 764
1138-owner's expense. 765
1139- 766
1140-A business owner or lessee may authorize the removal of a 767
1141-vehicle or vessel by a towing company when the vehicle or vessel 768
1142-is parked in such a manner that restricts the normal operation 769
1143-of business; and if a vehicle or vessel parked on a public 770
1144-right-of-way obstructs access to a private driveway the owner, 771
1145-lessee, or agent may have the vehicle or vessel removed by a 772
1146-towing company upon signing an order that the vehicle or vessel 773
1147-be removed without a posted tow -away zone sign. 774
1148- 6. Any person or firm that tows or removes vehicles or 775
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1157-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
1158-
1159-
1160-
1161-vessels and proposes to require an o wner, operator, or person in 776
1162-control or custody of a vehicle or vessel to pay the costs of 777
1163-towing and storage before redemption of the vehicle or vessel 778
1164-must file and keep on record with the local law enforcement 779
1165-agency a complete copy of the current rates to be charged for 780
1166-such services and post at the storage site an identical rate 781
1167-schedule and any written contracts with property owners, 782
1168-lessees, or persons in control of property which authorize such 783
1169-person or firm to remove vehicles or vessels as provide d in this 784
1170-section. 785
1171- 7. Any person or firm towing or removing any vehicles or 786
1172-vessels from private property without the consent of the owner 787
1173-or other legally authorized person in control or custody of the 788
1174-vehicles or vessels shall, on any trucks, wreckers as defined in 789
1175-s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 790
1176-towing or removal, have the name, address, and telephone number 791
1177-of the company performing such service clearly printed in 792
1178-contrasting colors on the driver and passenger sides of the 793
1179-vehicle. The name shall be in at least 3 -inch permanently 794
1180-affixed letters, and the address and telephone number shall be 795
1181-in at least 1-inch permanently affixed letters. 796
1182- 8. Vehicle entry for the purpose of removing the vehicle 797
1183-or vessel shall be allowed w ith reasonable care on the part of 798
1184-the person or firm towing the vehicle or vessel. Such person or 799
1185-firm shall be liable for any damage occasioned to the vehicle or 800
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1195-
1196-
1197-
1198-vessel if such entry is not in accordance with the standard of 801
1199-reasonable care. 802
1200- 9. When a vehicle or vessel has been towed or removed 803
1201-pursuant to this section, it must be released to its owner or 804
1202-person in control or custody within 1 hour after requested. Any 805
1203-vehicle or vessel owner or person in control or custody has the 806
1204-right to inspect the v ehicle or vessel before accepting its 807
1205-return, and no release or waiver of any kind which would release 808
1206-the person or firm towing the vehicle or vessel from liability 809
1207-for damages noted by the owner or person in control or custody 810
1208-at the time of the redempti on may be required from any vehicle 811
1209-or vessel owner or person in control or custody as a condition 812
1210-of release of the vehicle or vessel to its owner or person in 813
1211-control or custody. A detailed receipt showing the legal name of 814
1212-the company or person towing o r removing the vehicle or vessel 815
1213-must be given to the person paying towing or storage charges at 816
1214-the time of payment, whether requested or not. 817
1215- Section 9. This act shall take effect July 1, 2023. 818
1124+must be given to the person paying towing or storage charges at 751
1125+the time of payment, whether requested or not. 752
1126+ Section 8. This act shall take effect July 1, 2023. 753