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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to wrecker and towing -storage 2
operators; amending s. 321.051, F.S.; prohibiting the 3
Division of the Florida Highway Patrol from excluding 4
wrecker operators from the wrecker operator system or 5
from being designated as an authorized wrecker 6
operator based solely on a prior felony conviction; 7
providing an exception; amending s. 713.78, F.S.; 8
defining the term "towing -storage operator"; 9
authorizing a towing -storage operator to charge 10
certain fees; providing that a lien can only be placed 11
on specified fees; requiring a towing -storage operator 12
to accept specified payment methods; removing certain 13
requirements for law enforcement agencies and the 14
Department of Highway Safety and Motor Vehicles; 15
revising the timeframe in which certain unclaimed 16
vehicles or vessels may be sold; revising the 17
timeframe in which a notice of lien must be sent for 18
certain unclaimed vehicles or vessels; revising the 19
timeframe in which a towing -storage operator must 20
provide certain notice to the public agency of 21
jurisdiction; requiring that such notice be sent by 22
certified mail; requiring the posting of a bond or 23
other security be done in a specified manner; revising 24
the timeframe in which public notice of the sale of a 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle or vessel must be published; providing 26
applicability; requiring the immediate payment of 27
certain fees if a lienor prevails in court; requiring 28
certain liens be discharged if a towing -storage 29
operator complies with certain requirements; 30
restricting the imposition of storage charges under 31
certain circumstances; requiring a towing -storage 32
operator to allow certain persons to inspect a rental 33
car; prohibiting a towing -storage operator from 34
releasing certain vehicles under certain 35
circumstances; requiring a towing -storage operator to 36
allow certain persons to i nspect certain towed 37
vehicles and vessels; requiring a towing -storage 38
operator to release such vehicles and vessels within a 39
specified timeframe; requiring certain documentation 40
as evidence of a person's interest in a vehicle or 41
vessel; revising the amount a lienor may charge as an 42
administrative fee; requiring a towing -storage 43
operator to maintain certain records for a specified 44
amount of time; providing the exclusive remedy for 45
certain liens; conforming cross -references; making 46
technical changes; amending s. 559.917, F.S.; 47
providing procedures and requirements for acquiring a 48
bond to release certain liens; authorizing the award 49
of court costs and attorney fees for certain customers 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or persons under certain circumstances; providing 51
definitions; amending ss. 83.19, 83.805, 83.806, and 52
677.210, F.S.; conforming provisions to changes made 53
by the act; amending s. 715.07, F.S.; conforming a 54
cross-reference; providing an effective date. 55
56
Be It Enacted by the Legislature of the State of Florida: 57
58
Section 1. Subsection (5) is added to section 321.051, 59
Florida Statutes, to read: 60
321.051 Florida Highway Patrol wrecker operator system; 61
penalties for operation outside of system. — 62
(5) The Division of the Florida Highway Patrol may not 63
exclude a wrecker operato r from the wrecker operator system or 64
fail to designate him or her as an authorized wrecker operator 65
based solely on a prior felony conviction, unless such 66
conviction is for a forcible felony as defined in s. 776.08. 67
Section 2. Subsections (1), (2), (4 ), (5), (6), (9), and 68
(10), paragraph (a) of subsection (11), paragraph (a) of 69
subsection (12), and paragraphs (a), (b), and (d) of subsection 70
(13) of section 713.78, Florida Statutes, are amended, and 71
subsections (18) and (19) are added to that section, t o read: 72
713.78 Liens for recovering, towing, or storing vehicles 73
and vessels.— 74
(1) For the purposes of this section, the term: 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a)(e) "Equivalent commercially available system" means a 76
service that charges a fee to provide vehicle information and 77
that at a minimum maintains records from those states 78
participating in data sharing with the National Motor Vehicle 79
Title Information System. 80
(b)(d) "National Motor Vehicle Title Information System" 81
means the federally authorized electronic National Motor V ehicle 82
Title Information System. 83
(c) "Towing-storage operator" means a person who regularly 84
engages in the business of transporting vehicles or vessels by 85
wrecker, tow truck, or car carrier. 86
(d)(a) "Vehicle" means any mobile item, whether motorized 87
or not, which is mounted on wheels. 88
(e)(b) "Vessel" means every description of watercraft, 89
barge, and airboat used or capable of being used as a means of 90
transportation on water, other than a seaplane or a "documented 91
vessel" as defined in s. 327.02. 92
(f)(c) "Wrecker" means any truck or other vehicle that 93
which is used to tow, carry, or otherwise transport motor 94
vehicles or vessels upon the streets and highways of this state 95
and which is equipped for that purpose with a boom, winch, car 96
carrier, or other si milar equipment. 97
(2)(a) Whenever A towing-storage operator person regularly 98
engaged in the business of transporting vehicles or vessels by 99
wrecker, tow truck, or car carrier may charge only the following 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fees for, or incidental to, the recovery, removal, or storage of 101
a vehicle or vessel: 102
1. A reasonable hazardous waste fee. 103
2. A reasonable fee for a service authorized by ordinance 104
of the county or municipality in which the service is performed. 105
3. A reasonable fee for a service authorized by rule of 106
the Department of Highway Safety and Motor Vehicles. 107
4. A lien release administrative fee as set forth in 108
paragraph (15)(a). 109
5. A reasonable administrative fee or charge imposed by a 110
county or municipality upon the owner of a vehicle or vessel. 111
(b) If a towing-storage operator recovers, removes, or 112
stores a vehicle or vessel upon instructions from: 113
1.(a) The owner thereof; 114
2.(b) The owner or lessor, or a person authorized by the 115
owner or lessor, of property on which such vehicle or vessel is 116
wrongfully parked, and the removal is done in compliance with s. 117
715.07; 118
3.(c) The landlord or a person authorized by the landlord, 119
when such motor vehicle or vessel remained on the premises after 120
the tenancy terminated and the removal is done in complianc e 121
with s. 83.806 or s. 715.104; or 122
4.(d) Any law enforcement agency, 123
124
she or he has shall have a lien on the vehicle or vessel for a 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
reasonable recovery fee, a reasonable towing fee, for a 126
reasonable administrative fee or charge imposed by a county or 127
municipality, and for a reasonable storage fee; except that a 128
storage fee may not be charged if the vehicle or vessel is 129
stored for fewer than 6 hours. 130
(c) A towing-storage operator must accept credit cards, 131
debit cards, or other electronic payment methods . 132
(4)(a) A towing-storage operator person regularly engaged 133
in the business of recovering, towing, or storing vehicles or 134
vessels who comes into possession of a vehicle or vessel 135
pursuant to paragraph (2)(b) subsection (2), and who claims a 136
lien for recovery, towing, or storage services, must shall give 137
notice, by certified mail, to the registered owner, the 138
insurance company insuring the vehicle notwithstanding s. 139
627.736, and all persons claiming a lien thereon, as disclo sed 140
by the records in the Department of Highway Safety and Motor 141
Vehicles or as disclosed by the records of any corresponding 142
agency in any other state in which the vehicle is identified 143
through a records check of the National Motor Vehicle Title 144
Information System or an equivalent commercially available 145
system as being titled or registered. 146
(b) Whenever a law enforcement agency authorizes the 147
removal of a vehicle or vessel or whenever a towing service, 148
garage, repair shop, or automotive service, storage, or parking 149
place notifies the law enforcement agency of possession of a 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 151
enforcement agency of the jurisdiction where the vehicle or 152
vessel is stored shall contact the Department of Highway Safety 153
and Motor Vehicles, or the appropriate agency of the state of 154
registration, if known, within 24 hours through the medium of 155
electronic communications, giving the full description of the 156
vehicle or vessel. Upon receipt of the full description of the 157
vehicle or vessel, the department shall search its files to 158
determine the owner's name, the insurance company insuring the 159
vehicle or vessel, and whether any person has filed a lien upon 160
the vehicle or vessel as provided in s. 319.27(2) and (3) and 161
notify the applicable law enforcement agency within 72 hours. 162
The person in charge of the towing service, garage, repair shop, 163
or automotive service, storage, or parking place shall obtain 164
such information from the applicable law enforcement agency 165
within 5 days after the date of storage and shall give notice 166
pursuant to paragraph (a). The department may release the 167
insurance company information to the requestor notwithstanding 168
s. 627.736. 169
(b)(c) The notice of lien must be sent by certified mail 170
to the registered owner, the insurance company insuring the 171
vehicle notwithstanding s. 627.736, and all other persons 172
claiming a lien thereon within 3 7 business days, excluding 173
Saturday and Sunday, after the date of storage of the vehicle or 174
vessel. However, in no event shall the notice of lien be sent 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
less than 30 days before the sale of the vehicle or vessel. The 176
notice must state: 177
1. If the claim of lien is for a vehicle, the last 8 178
digits of the vehicle identification number of the vehicle 179
subject to the lien, or, if the cla im of lien is for a vessel, 180
the hull identification number of the vessel subject to the 181
lien, clearly printed in the delivery address box and on the 182
outside of the envelope sent to the registered owner and all 183
other persons claiming an interest in therein or lien on the 184
vehicle or vessel thereon. 185
2. The name, physical address, and telephone number of the 186
lienor, and the entity name, as registered with the Division of 187
Corporations, of the business where the towing and storage 188
occurred, which must also appe ar on the outside of the envelope 189
sent to the registered owner and all other persons claiming an 190
interest in or lien on the vehicle or vessel. 191
3. The fact of possession of the vehicle or vessel. 192
4. The name of the person or entity that authorized the 193
lienor to take possession of the vehicle or vessel. 194
5. That a lien as provided in paragraph (2)(b) subsection 195
(2) is claimed. 196
6. That charges have accrued and include an itemized 197
statement of the amount thereof. 198
7. That the lien is subject to enforcem ent under law and 199
that the owner or lienholder, if any, has the right to a hearing 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
as set forth in subsection (5). 201
8. That any vehicle or vessel that remains unclaimed, or 202
for which the charges for recovery, towing, or storage services 203
remain unpaid, may be sold free of all prior liens 35 days after 204
the vehicle or vessel is stored by the lienor if the vehicle or 205
vessel is more than 3 years of age or 65 50 days after the 206
vehicle or vessel is stored by the lienor if the vehicle or 207
vessel is 3 years of age o r less. 208
9. The address at which the vehicle or vessel is 209
physically located. 210
(c)(d) The notice of lien may not be sent to the 211
registered owner, the insurance company insuring the vehicle or 212
vessel, and all other persons claiming a lien thereon less tha n 213
30 days before the sale of a the vehicle or vessel that is more 214
than 3 years of age or less than 60 days before the sale of a 215
vehicle or vessel that is 3 years of age or less . 216
(d)(e) If attempts to locate the name and address of the 217
owner or lienholder prove unsuccessful, the towing -storage 218
operator shall, after 3 7 business days, excluding Saturday and 219
Sunday, after the initial tow or storage, notify the public 220
agency of jurisdiction where the vehicle or vessel is stored in 221
writing by certified mail or acknowledged hand delivery that the 222
towing-storage company has been unable to locate the name and 223
address of the owner or lienholder and a physical search of the 224
vehicle or vessel has disclosed no ownership information and a 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
good faith effort has been mad e, including records checks of the 226
Department of Highway Safety and Motor Vehicles database and the 227
National Motor Vehicle Title Information System or an equivalent 228
commercially available system. For purposes of this paragraph 229
and subsection (9), the term "good faith effort" means that the 230
following checks have been performed by the company to establish 231
the prior state of registration and for title: 232
1. A check of the department's database for the owner and 233
any lienholder. 234
2. A check of the electronic Na tional Motor Vehicle Title 235
Information System or an equivalent commercially available 236
system to determine the state of registration when there is not 237
a current registration record for the vehicle or vessel on file 238
with the department. 239
3. A check of the vehicle or vessel for any type of tag, 240
tag record, temporary tag, or regular tag. 241
4. A check of the law enforcement report for a tag number 242
or other information identifying the vehicle or vessel, if the 243
vehicle or vessel was towed at the request of a law enforcement 244
officer. 245
5. A check of the trip sheet or tow ticket of the tow 246
truck operator to determine whether a tag was on the vehicle or 247
vessel at the beginning of the tow, if a private tow. 248
6. If there is no address of the owner on the impound 249
report, a check of the law enforcement report to determine 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
whether an out-of-state address is indicated from driver license 251
information. 252
7. A check of the vehicle or vessel for an inspection 253
sticker or other stickers and decals that may indicate a state 254
of possible registration. 255
8. A check of the interior of the vehicle or vessel for 256
any papers that may be in the glove box, trunk, or other areas 257
for a state of registration. 258
9. A check of the vehicle for a vehicle identification 259
number. 260
10. A check of the vessel for a vessel registration 261
number. 262
11. A check of the vessel hull for a hull identification 263
number which should be carved, burned, stamped, embossed, or 264
otherwise permanently affixed to the outboard side of the 265
transom or, if there is no transom, to the outmost seaboard side 266
at the end of the hull that bears the rudder or other steering 267
mechanism. 268
(5)(a) The owner of a vehicle or vessel removed pursuant 269
to paragraph (2)(b) subsection (2), or any person claiming a 270
lien, other than the towing -storage operator, within 10 days 271
after the time she or he has knowledge of the location of the 272
vehicle or vessel, may file a complaint in the county court of 273
the county in which the vehicle or vessel is stored to determine 274
whether her or his property was wrong fully taken or withheld. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Regardless of whether a complaint is filed pursuant to 276
paragraph (a), At any time before the sale of the vehicle or 277
vessel, an owner or lienholder may have her or his vehicle or 278
vessel released upon payment of the applicable fee in s. 28.24 279
and posting with the court a cash or surety bond , or other 280
adequate security, in accordance with s. 559.917 equal to the 281
amount of the charges for towing or storage and lot rental 282
amount to ensure the payment of such charges in the event sh e or 283
he does not prevail. Section 559.917 applies to the release of a 284
lien on a vehicle, as defined in subsection (1), claimed by a 285
towing-storage operator for recovery, towing, or storage 286
charges. Upon the posting of the bond and the payment of the 287
applicable fee set forth in s. 28.24, the clerk of the court 288
shall issue a certificate notifying the lienor of the posting of 289
the bond and directing the lienor to release the vehicle or 290
vessel. At the time of such release, after reasonable 291
inspection, she or he shall give a receipt to the towing -storage 292
company reciting any claims she or he has for loss or damage to 293
the vehicle or vessel or the contents thereof. 294
(c) Upon determining the respective rights of the parties, 295
the court may award damages, attorney attorney's fees, and costs 296
in favor of the prevailing party. In the any event the lienor 297
prevails, the final order must shall provide for immediate 298
payment in full of recovery, towing, and storage fees by the 299
vehicle or vessel owner or lienholder; or the agen cy ordering 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the tow; or the owner, lessee, or agent thereof of the property 301
from which the vehicle or vessel was removed. 302
(6) A vehicle or vessel that is stored pursuant to 303
paragraph (2)(b) subsection (2) and remains unclaimed, or for 304
which reasonable charges for recovery, towing, or storing remain 305
unpaid, and any contents not released pursuant to subsection 306
(10), may be sold by the owner or operator of the storage space 307
for such towing or storage charge 35 days after the vehicle or 308
vessel is stored by th e lienor if the vehicle or vessel is more 309
than 3 years of age or 65 50 days after the vehicle or vessel is 310
stored by the lienor if the vehicle or vessel is 3 years of age 311
or less. The sale must shall be at public sale for cash. If the 312
date of the sale was not included in the notice required in 313
subsection (4), notice of the sale must shall be given to the 314
person in whose name the vehicle or vessel is registered and to 315
all persons claiming a lien on the vehicle or vessel as shown on 316
the records of the Department of Highway Safety and Motor 317
Vehicles or of any corresponding agency in any other state in 318
which the vehicle is identified through a records check of the 319
National Motor Vehicle Title Information S ystem or an equivalent 320
commercially available system as being titled. Notice of the 321
sale must be sent by certified mail to the owner of the vehicle 322
or vessel and the person having the recorded lien on the vehicle 323
or vessel at the address shown on the recor ds of the registering 324
agency at least 30 days before the sale of the vehicle or 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vessel. The notice must have clearly identified and printed, if 326
the claim of lien is for a motor vehicle, The last 8 digits of 327
the vehicle identification number of the motor vehicle subject 328
to the lien, or, if the claim of lien is for a vessel, the hull 329
identification number of the vessel subject to the lien, must be 330
clearly identified and printed in the delivery address box and 331
on the outside of the envelope sent to the registe red owner and 332
all other persons claiming an interest in therein or lien on the 333
vehicle or vessel thereon. The notice must be sent to the owner 334
of the vehicle or vessel and the person having the recorded lien 335
on the vehicle or vessel at the address shown on the records of 336
the registering agency at least 30 days before the sale of the 337
vehicle or vessel. The notice must state the name, physical 338
address, and telephone number of the lienor, and the vehicle 339
identification number if the claim of lien is for a vehi cle or 340
the hull identification number if the claim of lien is for a 341
vessel, all of which must also appear in the return address 342
section on the outside of the envelope containing the notice of 343
sale. After diligent search and inquiry, if the name and address 344
of the registered owner or the owner of the recorded lien cannot 345
be ascertained, the requirements of notice by mail may be 346
dispensed with. In addition to the notice by mail, public notice 347
of the time and place of sale must shall be made by publishing a 348
notice thereof one time, at least 30 10 days before the date of 349
the sale, in a newspaper of general circulation in the county in 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which the sale is to be held. The proceeds of the sale, after 351
payment of reasonable towing and storage charges, and costs of 352
the sale, in that order of priority, must shall be deposited 353
with the clerk of the circuit court for the county if the owner 354
or lienholder is absent, and the clerk shall hold such proceeds 355
subject to the claim of the owner or lienholder legally entitled 356
thereto. The clerk is shall be entitled to receive 5 percent of 357
such proceeds for the care and disbursement thereof. Upon 358
compliance by the towing -storage operator with this section, The 359
certificate of title issued under this law shall be discharged 360
of all liens on the certificate of title issued under this 361
section must be discharged unless otherwise provided by court 362
order. The owner or lienholder may file a complaint after the 363
vehicle or vessel has been sold in the county court of the 364
county in which it is stor ed. Upon determining the respective 365
rights of the parties, the court may award damages, attorney 366
fees, and costs in favor of the prevailing party. 367
(9) Failure to make good faith efforts to substantially 368
comply with the notice requirements of this section or precludes 369
the imposition of any storage charges against the vehicle or 370
vessel. If a lienor fails to provide notice to a person claiming 371
a lien on a vehicle or vessel in accordance with subsection (4), 372
precludes the imposition of storage charges against the vehicle 373
or vessel the lienor may not charge the person for more than 3 7 374
days of storage, but such failure does not affect charges made 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for towing the vehicle or vessel or the priority of liens on the 376
vehicle or vessel. 377
(10)(a) A towing-storage operator Persons who provide 378
services pursuant to this section shall permit rental car 379
vehicle or vessel owners, lienholders, insurance company 380
representatives, or their agents, which agency is evidenced by 381
an original writing acknowledged by the owner before a notary 382
public or other person empowered by law to administer oaths, to 383
inspect the towed vehicle or vessel and shall release to the 384
owner, lienholder, or agent the vehicle , vessel, or all personal 385
property not affixed to the vehicle or vessel which was in the 386
vehicle or vessel at the time the vehicle or vessel came into 387
the custody of the towing-storage operator. For purposes of this 388
paragraph, a rental car agreement is not evidence that the 389
person who rented the vehicle is an agent of the owner of the 390
vehicle and a towing-storage operator may not release a vehicle 391
owned by a rental car company to the person who rented the 392
vehicle unless the rental car company appoints the person who 393
rented the vehicle as its agent person providing such services . 394
(b) A towing-storage operator shall permit nonrental 395
vehicle or vessel owners, lienholders, insurance company 396
representatives, or their agents to inspect the towed vehicle or 397
vessel. The towing-storage operator must make the vehicle or 398
vessel available for inspec tion during regular business hours 399
within 3 business days after receiving a written request to 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
inspect the vehicle or vessel and shall release to the owner, 401
lienholder, or agent the vehicle, vessel, or all personal 402
property not affixed to the vehicle or ve ssel which was in the 403
vehicle or vessel at the time the vehicle or vessel came into 404
the custody of the towing -storage operator. A towing -storage 405
operator must accept a copy of an electronic title or a paper 406
title as evidence of a person's interest in a veh icle or vessel. 407
(11)(a) A towing-storage operator Any person regularly 408
engaged in the business of recovering, towing, or storing 409
vehicles or vessels who comes into possession of a vehicle or 410
vessel pursuant to paragraph (2)(b) subsection (2) and who has 411
complied with the provisions of subsections (4) (3) and (6), 412
when such vehicle or vessel is to be sold for purposes of being 413
dismantled, destroyed, or changed in such manner that it is not 414
the motor vehicle or vessel described in the certifica te of 415
title, must shall report the vehicle to the National Motor 416
Vehicle Title Information System and apply to the Department of 417
Highway Safety and Motor Vehicles for a certificate of 418
destruction. A certificate of destruction, which authorizes the 419
dismantling or destruction of the vehicle or vessel described 420
therein, is shall be reassignable a maximum of two times before 421
dismantling or destruction of the vehicle is shall be required, 422
and must shall accompany the vehicle or vessel for which it is 423
issued, when such vehicle or vessel is sold for such purposes, 424
in lieu of a certificate of title. The application for a 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certificate of destruction must include proof of reporting to 426
the National Motor Vehicle Title Information System and an 427
affidavit from the applica nt that she or he it has complied with 428
all applicable requirements of this section and, if the vehicle 429
or vessel is not registered in this state or any other state, by 430
a statement from a law enforcement officer that the vehicle or 431
vessel is not reported st olen, and must shall be accompanied by 432
such documentation as may be required by the department. 433
(12)(a) Any person who violates paragraph (2)(b) any 434
provision of subsection (1), subsection (2), subsection (4), 435
subsection (5), subsection (6), or subsectio n (7) is guilty of a 436
misdemeanor of the first degree, punishable as provided in s. 437
775.082 or s. 775.083. 438
(13)(a) Upon receipt by the Department of Highway Safety 439
and Motor Vehicles of written notice from a wrecker operator who 440
claims a wrecker operator' s lien under subparagraph (2)(b)4. 441
paragraph (2)(d) for recovery, towing, or storage of an 442
abandoned vehicle or vessel upon instructions from any law 443
enforcement agency, for which a certificate of destruction has 444
been issued under subsection (11) and the v ehicle has been 445
reported to the National Motor Vehicle Title Information System, 446
the department shall place the name of the registered owner of 447
that vehicle or vessel on the list of those persons who may not 448
be issued a license plate or revalidation sticke r for any motor 449
vehicle under s. 320.03(8). If the vehicle or vessel is owned 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
jointly by more than one person, the name of each registered 451
owner must shall be placed on the list. The notice of wrecker 452
operator's lien must shall be submitted on forms provid ed by the 453
department and, which must include: 454
1. The name, address, and telephone number of the wrecker 455
operator. 456
2. The name of the registered owner of the vehicle or 457
vessel and the address to which the wrecker operator provided 458
notice of the lien to the registered owner under subsection (4). 459
3. A general description of the vehicle or vessel, 460
including its color, make, model, body style, and year. 461
4. The vehicle identification number (VIN); registration 462
license plate number, state, and year; valida tion decal number, 463
state, and year; vessel registration number; hull identification 464
number; or other identification number, as applicable. 465
5. The name of the person or the corresponding law 466
enforcement agency that requested that the vehicle or vessel be 467
recovered, towed, or stored. 468
6. The amount of the wrecker operator's lien, not to 469
exceed the amount allowed by paragraph (b). 470
(b) For purposes of this subsection only, the amount of 471
the wrecker operator's lien for which the department will 472
prevent issuance of a license plate or revalidation sticker may 473
not exceed the amount of the charges for recovery, towing, and 474
storage of the vehicle or vessel for 7 days. These charges may 475
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not exceed the maximum rates imposed by the ordinances of the 476
respective county or municipality under ss. 125.0103(1)(c) and 477
166.043(1)(c). This paragraph does not limit the amount of a 478
wrecker operator's lien claimed under paragraph (2)(b) 479
subsection (2) or prevent a wrecker operator from seeking civil 480
remedies for enforcement of t he entire amount of the lien, but 481
limits only that portion of the lien for which the department 482
will prevent issuance of a license plate or revalidation 483
sticker. 484
(d) Upon discharge of the amount of the wrecker operator's 485
lien allowed by paragraph (b), th e wrecker operator must issue a 486
certificate of discharged wrecker operator's lien on forms 487
provided by the department to each registered owner of the 488
vehicle or vessel attesting that the amount of the wrecker 489
operator's lien allowed by paragraph (b) has be en discharged. 490
Upon presentation of the certificate of discharged wrecker 491
operator's lien by the registered owner, the department must 492
shall immediately remove the registered owner's name from the 493
list of those persons who may not be issued a license plate or 494
revalidation sticker for any motor vehicle under s. 320.03(8), 495
thereby allowing issuance of a license plate or revalidation 496
sticker. Issuance of a certificate of discharged wrecker 497
operator's lien under this paragraph does not discharge the 498
entire amount of the wrecker operator's lien claimed under 499
paragraph (2)(b) subsection (2), but only certifies to the 500
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department that the amount of the wrecker operator's lien 501
allowed by paragraph (b), for which the department will prevent 502
issuance of a license plate or revalidation sticker, has been 503
discharged. 504
(18) A towing-storage operator must for 3 years retain 505
records produced for all vehicles or vessels recovered, towed, 506
stored, or released. Such records must include at least all of 507
the following: 508
(a) All notice publications and certified mailings. 509
(b) The purchase price of any unclaimed vehicle or vessel 510
sold. 511
(c) The name and address of any person to whom a vehicle 512
or vessel is released. 513
(d) The name and address of the purchaser of any unclaimed 514
vehicle or vessel. 515
(e) All fees imposed under this section. 516
(19) This section is the exclusive remedy for the 517
foreclosure of a storage lien placed on a vehicle or vessel 518
under s. 83.19, s. 83.805, or s. 677.210. 519
Section 3. Section 559.917, Florida Statutes, is amended 520
to read: 521
559.917 Bond to release possessory lien claimed by motor 522
vehicle repair shop or towing-storage operator.— 523
(1)(a) A customer or a person of record claiming a lien 524
against a motor vehicle or vessel may obtain the release of the 525
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motor vehicle or vessel from any lien claimed under part II of 526
chapter 713 by a motor vehicle repair shop for repair work 527
performed under a written repair estimate or by a towing-storage 528
operator for recovery, towing, or storage charges by filing with 529
the clerk of the court in the circuit in which the disputed 530
transaction occurred a cash or surety bond, payable to the 531
person claiming the lien and conditioned for the payment of any 532
judgment which may be entered on the lien. The bond must shall 533
be in the amount stated on the notice of lien required under s. 534
713.78(4) or on the invoice required by s. 559.911, plus accrued 535
storage charges, if any, less any amount paid to the motor 536
vehicle repair shop as indicated on the invoice. The customer or 537
person is shall not be required to institute judicial 538
proceedings in order to post the bond in the registry of the 539
court and is shall not be required to use a particular form for 540
posting the bond unless the clerk provides such form to the 541
customer or person for filing. Upon the posting of such bond, 542
the clerk of the court shall automatically issue a certificate 543
notifying the lienor of the posting of the bond and directing 544
the lienor to release the motor vehicle or vessel. 545
(b) The lienor has shall have 60 days to file suit to 546
recover the bond. The prevailing party in that action may be 547
entitled to damages plus court costs and reasonable attorney 548
fees. If the lienor fails to file suit within 60 days after the 549
posting of such bond, the bond must shall be discharged by the 550
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clerk. 551
(2) If the failure of a lienor fails to release or return 552
to the customer or person the motor vehicle or vessel upon which 553
any lien is claimed, upon receiving a copy of a certificate 554
giving notice of the posting of the bond and directi ng release 555
of the motor vehicle or vessel, the lienor is shall subject the 556
lienor to judicial proceedings which may be brought by the 557
customer or person to compel compliance with the certificate. If 558
Whenever a customer or person brings an action to compel 559
compliance with the certificate, the customer or person must 560
need only establish the following that: 561
(a) That the bond in the amount on the notice of lien 562
required under s. 713.78(4) or on of the invoice, plus accrued 563
storage charges, if any, less any am ount paid to the motor 564
vehicle repair shop as indicated on the invoice, was posted .; 565
(b) That a certificate was issued under pursuant to this 566
section.; 567
(c) That the motor vehicle repair shop or towing-storage 568
operator, or any employee or agent thereof who is authorized to 569
release the motor vehicle or vessel, received a copy of a 570
certificate issued under pursuant to this section.; and 571
(d) That the motor vehicle repair shop or towing-storage 572
operator, or an employee or agent thereof who is authorized to 573
release the motor vehicle or vessel, failed to release the motor 574
vehicle or vessel. 575
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576
The customer or person of record claiming a lien against a motor 577
vehicle or vessel, upon a judgment in her or his favor in an 578
action brought under this subsection, may be entitled to damages 579
plus court costs and reasonable attorney fees sustained by her 580
or him by reason of such wrongful detention or retention. Upon a 581
judgment in favor of the motor vehicle repair shop or towing-582
storage operator, the shop or towing-storage operator may be 583
entitled to reasonable attorney fees. 584
(3) A motor vehicle repair shop or towing-storage operator 585
that, or an employee or agent thereof who is authorize d to 586
release the motor vehicle or vessel, who, upon receiving a copy 587
of a certificate giving notice of the posting of the bond in the 588
required amount and directing release of the motor vehicle or 589
vessel, fails to release or return the property to the custo mer 590
or person pursuant to this section commits a misdemeanor of the 591
second degree, punishable as provided in s. 775.082 or s. 592
775.083. 593
(4) A customer or person who stops payment on a credit 594
card charge or a check drawn in favor of a motor vehicle repair 595
shop on account of an invoice or who fails to post a cash or 596
surety bond under pursuant to this section is shall be 597
prohibited from any recourse under this section with respect to 598
the motor vehicle repair shop. 599
(5) For purposes of this section, the terms "towing-600
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storage operator" and "vessel" have the same meanings as in s. 601
713.78(1). 602
Section 4. Subsection (5) is added to section 83.19, 603
Florida Statutes, to read: 604
83.19 Sale of property distrained. — 605
(5) A lien on a vehicle or vessel, as those terms are 606
defined in s. 713.78(1), of a tenant or lessee must be 607
foreclosed pursuant to s. 713.78 and may not be foreclosed under 608
this chapter. 609
Section 5. Section 83.805, Florida Statutes, is amended to 610
read: 611
83.805 Lien.— 612
(1) The owner of a self-service storage facility or self -613
contained storage unit and the owner's heirs, executors, 614
administrators, successors, and assigns have a lien upon all 615
personal property, whether or not owned by the tenant, located 616
at a self-service storage facility or in a self -contained 617
storage unit for rent, labor charges, or other charges, present 618
or future, in relation to the personal property and for expenses 619
necessary for its preservation or expenses reasonably incurred 620
in its sale or other disposition pursuant to ss. 83.80 1-83.809. 621
The lien provided for in this section attaches as of the date 622
that the personal property is brought to the self -service 623
storage facility or as of the date the tenant takes possession 624
of the self-contained storage unit, and the priority of this 625
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lien shall be the same as provided in s. 83.08; however, in the 626
event of default, the owner must give notice to persons who hold 627
perfected security interests under the Uniform Commercial Code 628
in which the tenant is named as the debtor. 629
(2) A lien on a vehi cle or vessel, as those terms are 630
defined in s. 713.78(1), of a tenant or lessee must be 631
foreclosed pursuant to s. 713.78 and may not be foreclosed under 632
this chapter. 633
Section 6. Subsection (10) of section 83.806, Florida 634
Statutes, is amended to read: 635
83.806 Enforcement of lien. —An owner's lien as provided in 636
s. 83.805 may be satisfied as follows: 637
(10) If a lien is claimed on property that is a motor 638
vehicle or a watercraft and rent and other charges related to 639
the property remain unpaid or unsatisf ied for 60 days after the 640
maturity of the obligation to pay the rent and other charges, 641
the facility or unit owner may sell the property pursuant to s. 642
713.78 this section or have the property towed. If a motor 643
vehicle or watercraft is towed, the facility or unit owner is 644
not liable for the motor vehicle or watercraft or any damages to 645
the motor vehicle or watercraft once a wrecker takes possession 646
of the property. The wrecker taking possession of the property 647
must comply with all notification and sale requ irements provided 648
in s. 713.78. 649
Section 7. Subsection (10) is added to section 677.210, 650
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Florida Statutes, to read: 651
677.210 Enforcement of warehouse's lien. — 652
(10) A lien on a vehicle or vessel, as those terms are 653
defined in s. 713.78(1), must be foreclosed pursuant to s. 654
713.78 and may not be foreclosed under this chapter. 655
Section 8. Paragraph (a) of subsection (2) of section 656
715.07, Florida Statutes, is amended to read: 657
715.07 Vehicles or vessels parked on private property; 658
towing.— 659
(2) The owner or lessee of real property, or any person 660
authorized by the owner or lessee, which person may be the 661
designated representative of the condominium association if the 662
real property is a condominium, may cause any vehicle or vessel 663
parked on such property without her or his permission to be 664
removed by a person regularly engaged in the business of towing 665
vehicles or vessels, without liability for the costs of removal, 666
transportation, or storage or damages caused by such removal, 667
transportation, or stor age, under any of the following 668
circumstances: 669
(a) The towing or removal of any vehicle or vessel from 670
private property without the consent of the registered owner or 671
other legally authorized person in control of that vehicle or 672
vessel is subject to subs tantial compliance with the following 673
conditions and restrictions: 674
1.a. Any towed or removed vehicle or vessel must be stored 675
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at a site within a 10 -mile radius of the point of removal in any 676
county of 500,000 population or more, and within a 15 -mile 677
radius of the point of removal in any county of fewer than 678
500,000 population. That site must be open for the purpose of 679
redemption of vehicles on any day that the person or firm towing 680
such vehicle or vessel is open for towing purposes, from 8:00 681
a.m. to 6:00 p.m., and, when closed, shall have prominently 682
posted a sign indicating a telephone number where the operator 683
of the site can be reached at all times. Upon receipt of a 684
telephoned request to open the site to redeem a vehicle or 685
vessel, the operator shall return to the site within 1 hour or 686
she or he will be in violation of this section. 687
b. If no towing business providing such service is located 688
within the area of towing limitations set forth in sub -689
subparagraph a., the following limitations apply: any to wed or 690
removed vehicle or vessel must be stored at a site within a 20 -691
mile radius of the point of removal in any county of 500,000 692
population or more, and within a 30 -mile radius of the point of 693
removal in any county of fewer than 500,000 population. 694
2. The person or firm towing or removing the vehicle or 695
vessel shall, within 30 minutes after completion of such towing 696
or removal, notify the municipal police department or, in an 697
unincorporated area, the sheriff, of such towing or removal, the 698
storage site, the time the vehicle or vessel was towed or 699
removed, and the make, model, color, and license plate number of 700
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the vehicle or description and registration number of the vessel 701
and shall obtain the name of the person at that department to 702
whom such information was reported and note that name on the 703
trip record. 704
3. A person in the process of towing or removing a vehicle 705
or vessel from the premises or parking lot in which the vehicle 706
or vessel is not lawfully parked must stop when a person seeks 707
the return of the vehicle or vessel. The vehicle or vessel must 708
be returned upon the payment of a reasonable service fee of not 709
more than one-half of the posted rate for the towing or removal 710
service as provided in subparagraph 6. The vehicle or vessel may 711
be towed or removed if, after a reasonable opportunity, the 712
owner or legally authorized person in control of the vehicle or 713
vessel is unable to pay the service fee. If the vehicle or 714
vessel is redeemed, a detailed signed receipt must be given to 715
the person redeeming t he vehicle or vessel. 716
4. A person may not pay or accept money or other valuable 717
consideration for the privilege of towing or removing vehicles 718
or vessels from a particular location. 719
5. Except for property appurtenant to and obviously a part 720
of a single-family residence, and except for instances when 721
notice is personally given to the owner or other legally 722
authorized person in control of the vehicle or vessel that the 723
area in which that vehicle or vessel is parked is reserved or 724
otherwise unavailable for unauthorized vehicles or vessels and 725
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that the vehicle or vessel is subject to being removed at the 726
owner's or operator's expense, any property owner or lessee, or 727
person authorized by the property owner or lessee, before towing 728
or removing any vehicle or vessel from private property without 729
the consent of the owner or other legally authorized person in 730
control of that vehicle or vessel, must post a notice meeting 731
the following requirements: 732
a. The notice must be prominently placed at each driveway 733
access or curb cut allowing vehicular access to the property 734
within 10 feet from the road, as defined in s. 334.03(22). If 735
there are no curbs or access barriers, the signs must be posted 736
not fewer than one sign for each 25 feet of lot frontage. 737
b. The notice must clearly indicate, in not fewer than 2 -738
inch high, light-reflective letters on a contrasting background, 739
that unauthorized vehicles will be towed away at the owner's 740
expense. The words "tow -away zone" must be included on the sign 741
in not fewer than 4-inch high letters. 742
c. The notice must also provide the name and current 743
telephone number of the person or firm towing or removing the 744
vehicles or vessels. 745
d. The sign structure containing the required notices must 746
be permanently installed with the words "t ow-away zone" not 747
fewer than 3 feet and not more than 6 feet above ground level 748
and must be continuously maintained on the property for not 749
fewer than 24 hours before the towing or removal of any vehicles 750
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or vessels. 751
e. The local government may require p ermitting and 752
inspection of these signs before any towing or removal of 753
vehicles or vessels being authorized. 754
f. A business with 20 or fewer parking spaces satisfies 755
the notice requirements of this subparagraph by prominently 756
displaying a sign stating "R eserved Parking for Customers Only 757
Unauthorized Vehicles or Vessels Will be Towed Away At the 758
Owner's Expense" in not fewer than 4 -inch high, light-reflective 759
letters on a contrasting background. 760
g. A property owner towing or removing vessels from real 761
property must post notice, consistent with the requirements in 762
sub-subparagraphs a.-f., which apply to vehicles, that 763
unauthorized vehicles or vessels will be towed away at the 764
owner's expense. 765
766
A business owner or lessee may authorize the removal of a 767
vehicle or vessel by a towing company when the vehicle or vessel 768
is parked in such a manner that restricts the normal operation 769
of business; and if a vehicle or vessel parked on a public 770
right-of-way obstructs access to a private driveway the owner, 771
lessee, or agent may have the vehicle or vessel removed by a 772
towing company upon signing an order that the vehicle or vessel 773
be removed without a posted tow -away zone sign. 774
6. Any person or firm that tows or removes vehicles or 775
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vessels and proposes to require an o wner, operator, or person in 776
control or custody of a vehicle or vessel to pay the costs of 777
towing and storage before redemption of the vehicle or vessel 778
must file and keep on record with the local law enforcement 779
agency a complete copy of the current rates to be charged for 780
such services and post at the storage site an identical rate 781
schedule and any written contracts with property owners, 782
lessees, or persons in control of property which authorize such 783
person or firm to remove vehicles or vessels as provide d in this 784
section. 785
7. Any person or firm towing or removing any vehicles or 786
vessels from private property without the consent of the owner 787
or other legally authorized person in control or custody of the 788
vehicles or vessels shall, on any trucks, wreckers as defined in 789
s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 790
towing or removal, have the name, address, and telephone number 791
of the company performing such service clearly printed in 792
contrasting colors on the driver and passenger sides of the 793
vehicle. The name shall be in at least 3 -inch permanently 794
affixed letters, and the address and telephone number shall be 795
in at least 1-inch permanently affixed letters. 796
8. Vehicle entry for the purpose of removing the vehicle 797
or vessel shall be allowed w ith reasonable care on the part of 798
the person or firm towing the vehicle or vessel. Such person or 799
firm shall be liable for any damage occasioned to the vehicle or 800
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vessel if such entry is not in accordance with the standard of 801
reasonable care. 802
9. When a vehicle or vessel has been towed or removed 803
pursuant to this section, it must be released to its owner or 804
person in control or custody within 1 hour after requested. Any 805
vehicle or vessel owner or person in control or custody has the 806
right to inspect the v ehicle or vessel before accepting its 807
return, and no release or waiver of any kind which would release 808
the person or firm towing the vehicle or vessel from liability 809
for damages noted by the owner or person in control or custody 810
at the time of the redempti on may be required from any vehicle 811
or vessel owner or person in control or custody as a condition 812
of release of the vehicle or vessel to its owner or person in 813
control or custody. A detailed receipt showing the legal name of 814
the company or person towing o r removing the vehicle or vessel 815
must be given to the person paying towing or storage charges at 816
the time of payment, whether requested or not. 817
Section 9. This act shall take effect July 1, 2023. 818