Florida Senate - 2023 SB 760 By Senator Perry 9-01546-23 2023760__ 1 A bill to be entitled 2 An act relating to wrecker and towing-storage 3 operators; amending s. 321.051, F.S.; prohibiting the 4 Division of the Florida Highway Patrol from excluding 5 wrecker operators from the wrecker operator system or 6 from being designated as an authorized wrecker 7 operator based solely on a prior felony conviction; 8 providing an exception; amending s. 713.78, F.S.; 9 defining the term towing-storage operator; 10 authorizing a towing-storage operator to charge 11 certain fees; providing that a lien can be placed on a 12 vehicle only for specified fees; requiring a towing 13 storage operator to accept credit cards; deleting 14 certain requirements for law enforcement agencies and 15 the Department of Highway Safety and Motor Vehicles; 16 revising the timeframe in which certain unclaimed 17 vehicles or vessels may be sold; revising the 18 timeframe in which a notice of lien must be sent for 19 certain unclaimed vehicles or vessels; revising the 20 timeframe in which a towing-storage operator must 21 provide certain notice to the public agency of 22 jurisdiction; requiring that such notice be sent by 23 certified mail; requiring the posting of a bond or 24 other security be done in a specified manner; revising 25 the timeframe in which public notice of the sale of a 26 vehicle or vessel must be published; restricting the 27 imposition of storage charges under certain 28 circumstances; revising the amount a lienor may charge 29 as an administrative fee; requiring a towing-storage 30 operator to maintain certain records; providing the 31 exclusive remedy for certain liens; making technical 32 changes; amending s. 559.917, F.S.; providing 33 procedures and requirements for acquiring a bond to 34 release certain liens; providing definitions; amending 35 ss. 83.09, 83.805, and 677.210, F.S.; conforming 36 provisions to changes made by the act; amending s. 37 715.07, F.S.; conforming a cross-reference; providing 38 an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1.Subsection (5) is added to section 321.051, 43 Florida Statutes, to read: 44 321.051Florida Highway Patrol wrecker operator system; 45 penalties for operation outside of system. 46 (5)The Division of the Florida Highway Patrol may not 47 exclude a wrecker operator from the wrecker operator system or 48 fail to designate him or her as an authorized wrecker operator 49 based solely on a prior felony conviction, unless such 50 conviction is for a forcible felony as defined in s. 776.08. 51 Section 2.Subsections (1), (2), (4), (5), (6), and (9), 52 paragraph (a) of subsection (11), paragraph (a) of subsection 53 (12), paragraphs (a), (b), and (d) of subsection (13), and 54 paragraph (a) of subsection (15) of section 713.78, Florida 55 Statutes, are amended, and subsections (18) and (19) are added 56 to that section, to read: 57 713.78Liens for recovering, towing, or storing vehicles 58 and vessels. 59 (1)For the purposes of this section, the term: 60 (d)(a)Vehicle means any mobile item, whether motorized 61 or not, which is mounted on wheels. 62 (e)(b)Vessel means every description of watercraft, 63 barge, and airboat used or capable of being used as a means of 64 transportation on water, other than a seaplane or a documented 65 vessel as defined in s. 327.02. 66 (c)Towing-storage operator means a person who regularly 67 engages in the business of transporting vehicles or vessels by 68 wrecker, tow truck, or car carrier. 69 (f)(c)Wrecker means any truck or other vehicle that 70 which is used to tow, carry, or otherwise transport motor 71 vehicles or vessels upon the streets and highways of this state 72 and which is equipped for that purpose with a boom, winch, car 73 carrier, or other similar equipment. 74 (b)(d)National Motor Vehicle Title Information System 75 means the federally authorized electronic National Motor Vehicle 76 Title Information System. 77 (a)(e)Equivalent commercially available system means a 78 service that charges a fee to provide vehicle information and 79 that at a minimum maintains records from those states 80 participating in data sharing with the National Motor Vehicle 81 Title Information System. 82 (2)(a)A towing-storage operator may charge only the 83 following fees for, or incidental to, the recovery, removal, or 84 storage of a vehicle or vessel: 85 1.A reasonable recovery fee. 86 2.A reasonable towing fee. 87 3.A reasonable storage fee. 88 4.A reasonable fee or charge that is imposed by a county 89 or municipality. 90 (b)If a towing-storage operator Whenever a person 91 regularly engaged in the business of transporting vehicles or 92 vessels by wrecker, tow truck, or car carrier recovers, removes, 93 or stores a vehicle or vessel upon instructions from: 94 1.(a)The owner thereof; 95 2.(b)The owner or lessor, or a person authorized by the 96 owner or lessor, of property on which such vehicle or vessel is 97 wrongfully parked, and the removal is done in compliance with s. 98 715.07; 99 3.(c)The landlord or a person authorized by the landlord, 100 when such motor vehicle or vessel remained on the premises after 101 the tenancy terminated and the removal is done in compliance 102 with s. 83.806 or s. 715.104; or 103 4.(d)Any law enforcement agency, 104 105 she or he has shall have a lien on the vehicle or vessel for a 106 reasonable recovery fee, a reasonable towing fee, for a 107 reasonable administrative fee or charge imposed by a county or 108 municipality, and for a reasonable storage fee; except that a 109 storage fee may not be charged if the vehicle or vessel is 110 stored for fewer than 6 hours. 111 (c)A towing-storage operator must accept credit cards, as 112 that term is defined in s. 658.995(2)(a). 113 (4)(a)A towing-storage operator person regularly engaged 114 in the business of recovering, towing, or storing vehicles or 115 vessels who comes into possession of a vehicle or vessel 116 pursuant to paragraph (2)(b) subsection (2), and who claims a 117 lien for recovery, towing, or storage services, must shall give 118 notice, by certified mail, to the registered owner, the 119 insurance company insuring the vehicle notwithstanding s. 120 627.736, and all persons claiming a lien thereon, as disclosed 121 by the records in the Department of Highway Safety and Motor 122 Vehicles or as disclosed by the records of any corresponding 123 agency in any other state in which the vehicle is identified 124 through a records check of the National Motor Vehicle Title 125 Information System or an equivalent commercially available 126 system as being titled or registered. 127 (b)Whenever a law enforcement agency authorizes the 128 removal of a vehicle or vessel or whenever a towing service, 129 garage, repair shop, or automotive service, storage, or parking 130 place notifies the law enforcement agency of possession of a 131 vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 132 enforcement agency of the jurisdiction where the vehicle or 133 vessel is stored shall contact the Department of Highway Safety 134 and Motor Vehicles, or the appropriate agency of the state of 135 registration, if known, within 24 hours through the medium of 136 electronic communications, giving the full description of the 137 vehicle or vessel. Upon receipt of the full description of the 138 vehicle or vessel, the department shall search its files to 139 determine the owners name, the insurance company insuring the 140 vehicle or vessel, and whether any person has filed a lien upon 141 the vehicle or vessel as provided in s. 319.27(2) and (3) and 142 notify the applicable law enforcement agency within 72 hours. 143 The person in charge of the towing service, garage, repair shop, 144 or automotive service, storage, or parking place shall obtain 145 such information from the applicable law enforcement agency 146 within 5 days after the date of storage and shall give notice 147 pursuant to paragraph (a). The department may release the 148 insurance company information to the requestor notwithstanding 149 s. 627.736. 150 (b)(c)The notice of lien must be sent by certified mail to 151 the registered owner, the insurance company insuring the vehicle 152 notwithstanding s. 627.736, and all other persons claiming a 153 lien thereon within 3 7 business days, excluding Saturday and 154 Sunday, after the date of storage of the vehicle or vessel. 155 However, in no event shall the notice of lien be sent less than 156 30 days before the sale of the vehicle or vessel. The notice 157 must state: 158 1.If the claim of lien is for a vehicle, the last 8 digits 159 of the vehicle identification number of the vehicle subject to 160 the lien, or, if the claim of lien is for a vessel, the hull 161 identification number of the vessel subject to the lien, clearly 162 printed in the delivery address box and on the outside of the 163 envelope sent to the registered owner and all other persons 164 claiming an interest in therein or lien on the vehicle or vessel 165 thereon. 166 2.The name, physical address, and telephone number of the 167 lienor, and the entity name, as registered with the Division of 168 Corporations, of the business where the towing and storage 169 occurred, which must also appear on the outside of the envelope 170 sent to the registered owner and all other persons claiming an 171 interest in or lien on the vehicle or vessel. 172 3.The fact of possession of the vehicle or vessel. 173 4.The name of the person or entity that authorized the 174 lienor to take possession of the vehicle or vessel. 175 5.That a lien as provided in paragraph (2)(b) subsection 176 (2) is claimed. 177 6.That charges have accrued and include an itemized 178 statement of the amount thereof. 179 7.That the lien is subject to enforcement under law and 180 that the owner or lienholder, if any, has the right to a hearing 181 as set forth in subsection (5). 182 8.That any vehicle or vessel that remains unclaimed, or 183 for which the charges for recovery, towing, or storage services 184 remain unpaid, may be sold free of all prior liens 35 days after 185 the vehicle or vessel is stored by the lienor if the vehicle or 186 vessel is more than 3 years of age or 65 50 days after the 187 vehicle or vessel is stored by the lienor if the vehicle or 188 vessel is 3 years of age or less. 189 9.The address at which the vehicle or vessel is physically 190 located. 191 (c)(d)The notice of lien may not be sent to the registered 192 owner, the insurance company insuring the vehicle or vessel, and 193 all other persons claiming a lien thereon less than 30 days 194 before the sale of a the vehicle or vessel that is more than 3 195 years of age or less than 60 days before the sale of a vehicle 196 or vessel that is 3 years of age or less. 197 (d)(e)If attempts to locate the name and address of the 198 owner or lienholder prove unsuccessful, the towing-storage 199 operator shall, after 3 7 business days, excluding Saturday and 200 Sunday, after the initial tow or storage, notify the public 201 agency of jurisdiction where the vehicle or vessel is stored in 202 writing by certified mail or acknowledged hand delivery that the 203 towing-storage company has been unable to locate the name and 204 address of the owner or lienholder and a physical search of the 205 vehicle or vessel has disclosed no ownership information and a 206 good faith effort has been made, including records checks of the 207 Department of Highway Safety and Motor Vehicles database and the 208 National Motor Vehicle Title Information System or an equivalent 209 commercially available system. For purposes of this paragraph 210 and subsection (9), the term good faith effort means that the 211 following checks have been performed by the company to establish 212 the prior state of registration and for title: 213 1.A check of the departments database for the owner and 214 any lienholder. 215 2.A check of the electronic National Motor Vehicle Title 216 Information System or an equivalent commercially available 217 system to determine the state of registration when there is not 218 a current registration record for the vehicle or vessel on file 219 with the department. 220 3.A check of the vehicle or vessel for any type of tag, 221 tag record, temporary tag, or regular tag. 222 4.A check of the law enforcement report for a tag number 223 or other information identifying the vehicle or vessel, if the 224 vehicle or vessel was towed at the request of a law enforcement 225 officer. 226 5.A check of the trip sheet or tow ticket of the tow truck 227 operator to determine whether a tag was on the vehicle or vessel 228 at the beginning of the tow, if a private tow. 229 6.If there is no address of the owner on the impound 230 report, a check of the law enforcement report to determine 231 whether an out-of-state address is indicated from driver license 232 information. 233 7.A check of the vehicle or vessel for an inspection 234 sticker or other stickers and decals that may indicate a state 235 of possible registration. 236 8.A check of the interior of the vehicle or vessel for any 237 papers that may be in the glove box, trunk, or other areas for a 238 state of registration. 239 9.A check of the vehicle for a vehicle identification 240 number. 241 10.A check of the vessel for a vessel registration number. 242 11.A check of the vessel hull for a hull identification 243 number which should be carved, burned, stamped, embossed, or 244 otherwise permanently affixed to the outboard side of the 245 transom or, if there is no transom, to the outmost seaboard side 246 at the end of the hull that bears the rudder or other steering 247 mechanism. 248 (5)(a)The owner of a vehicle or vessel removed pursuant to 249 paragraph (2)(b) subsection (2), or any person claiming a lien, 250 other than the towing-storage operator, within 10 days after the 251 time she or he has knowledge of the location of the vehicle or 252 vessel, may file a complaint in the county court of the county 253 in which the vehicle or vessel is stored to determine whether 254 her or his property was wrongfully taken or withheld. 255 (b)At any time before the sale of the vehicle or vessel, 256 an owner or lienholder may have her or his vehicle or vessel 257 released upon payment of the applicable fee in s. 28.24 and 258 posting with the court a cash or surety bond, or other adequate 259 security, in accordance with s. 559.917 equal to the amount of 260 the charges for towing or storage and lot rental amount to 261 ensure the payment of such charges in the event she or he does 262 not prevail. Upon the posting of the bond and the payment of the 263 applicable fee set forth in s. 28.24, the clerk of the court 264 shall issue a certificate notifying the lienor of the posting of 265 the bond and directing the lienor to release the vehicle or 266 vessel. At the time of such release, after reasonable 267 inspection, she or he shall give a receipt to the towing-storage 268 company reciting any claims she or he has for loss or damage to 269 the vehicle or vessel or the contents thereof. 270 (c)Upon determining the respective rights of the parties, 271 the court may award damages, attorney attorneys fees, and costs 272 in favor of the prevailing party. In any event, the final order 273 must shall provide for immediate payment in full of recovery, 274 towing, and storage fees by the vehicle or vessel owner or 275 lienholder; or the agency ordering the tow; or the owner, 276 lessee, or agent thereof of the property from which the vehicle 277 or vessel was removed. 278 (6)A vehicle or vessel that is stored pursuant to 279 paragraph (2)(b) subsection (2) and remains unclaimed, or for 280 which reasonable charges for recovery, towing, or storing remain 281 unpaid, and any contents not released pursuant to subsection 282 (10), may be sold by the owner or operator of the storage space 283 for such towing or storage charge 35 days after the vehicle or 284 vessel is stored by the lienor if the vehicle or vessel is more 285 than 3 years of age or 65 50 days after the vehicle or vessel is 286 stored by the lienor if the vehicle or vessel is 3 years of age 287 or less. The sale must shall be at public sale for cash. If the 288 date of the sale was not included in the notice required in 289 subsection (4), notice of the sale must shall be given to the 290 person in whose name the vehicle or vessel is registered and to 291 all persons claiming a lien on the vehicle or vessel as shown on 292 the records of the Department of Highway Safety and Motor 293 Vehicles or of any corresponding agency in any other state in 294 which the vehicle is identified through a records check of the 295 National Motor Vehicle Title Information System or an equivalent 296 commercially available system as being titled. Notice of the 297 sale must be sent by certified mail to the owner of the vehicle 298 or vessel and the person having the recorded lien on the vehicle 299 or vessel at the address shown on the records of the registering 300 agency at least 30 days before the sale of the vehicle or 301 vessel. The notice must have clearly identified and printed, if 302 the claim of lien is for a motor vehicle, The last 8 digits of 303 the vehicle identification number of the motor vehicle subject 304 to the lien, or, if the claim of lien is for a vessel, the hull 305 identification number of the vessel subject to the lien, must be 306 clearly identified and printed in the delivery address box and 307 on the outside of the envelope sent to the registered owner and 308 all other persons claiming an interest in therein or lien on the 309 vehicle or vessel thereon. The notice must be sent to the owner 310 of the vehicle or vessel and the person having the recorded lien 311 on the vehicle or vessel at the address shown on the records of 312 the registering agency at least 30 days before the sale of the 313 vehicle or vessel. The notice must state the name, physical 314 address, and telephone number of the lienor, and the vehicle 315 identification number if the claim of lien is for a vehicle or 316 the hull identification number if the claim of lien is for a 317 vessel, all of which must also appear in the return address 318 section on the outside of the envelope containing the notice of 319 sale. After diligent search and inquiry, if the name and address 320 of the registered owner or the owner of the recorded lien cannot 321 be ascertained, the requirements of notice by mail may be 322 dispensed with. In addition to the notice by mail, public notice 323 of the time and place of sale must shall be made by publishing a 324 notice thereof one time, at least 30 10 days before the date of 325 the sale, in a newspaper of general circulation in the county in 326 which the sale is to be held. The proceeds of the sale, after 327 payment of reasonable towing and storage charges, and costs of 328 the sale, in that order of priority, must shall be deposited 329 with the clerk of the circuit court for the county if the owner 330 or lienholder is absent, and the clerk shall hold such proceeds 331 subject to the claim of the owner or lienholder legally entitled 332 thereto. The clerk is shall be entitled to receive 5 percent of 333 such proceeds for the care and disbursement thereof. The 334 certificate of title issued under this law shall be discharged 335 of All liens on the certificate of title issued under this 336 section must be discharged unless otherwise provided by court 337 order. The owner or lienholder may file a complaint after the 338 vehicle or vessel has been sold in the county court of the 339 county in which it is stored. Upon determining the respective 340 rights of the parties, the court may award damages, attorney 341 fees, and costs in favor of the prevailing party. 342 (9)Failure to make good faith efforts to substantially 343 comply with the notice requirements of this section or precludes 344 the imposition of any storage charges against the vehicle or 345 vessel. If a lienor fails to provide notice to a person claiming 346 a lien on a vehicle or vessel in accordance with subsection (4) 347 precludes the imposition of storage charges against the vehicle 348 or vessel, the lienor may not charge the person for more than 3 349 7 days of storage, but such failure does not affect charges made 350 for towing the vehicle or vessel or the priority of liens on the 351 vehicle or vessel. 352 (11)(a)Any person regularly engaged in the business of 353 recovering, towing, or storing vehicles or vessels who comes 354 into possession of a vehicle or vessel pursuant to paragraph 355 (2)(b) subsection (2) and who has complied with the provisions 356 of subsections (4) (3) and (6), when such vehicle or vessel is 357 to be sold for purposes of being dismantled, destroyed, or 358 changed in such manner that it is not the motor vehicle or 359 vessel described in the certificate of title, must shall report 360 the vehicle to the National Motor Vehicle Title Information 361 System and apply to the Department of Highway Safety and Motor 362 Vehicles for a certificate of destruction. A certificate of 363 destruction, which authorizes the dismantling or destruction of 364 the vehicle or vessel described therein, is shall be 365 reassignable a maximum of two times before dismantling or 366 destruction of the vehicle is shall be required, and must shall 367 accompany the vehicle or vessel for which it is issued, when 368 such vehicle or vessel is sold for such purposes, in lieu of a 369 certificate of title. The application for a certificate of 370 destruction must include proof of reporting to the National 371 Motor Vehicle Title Information System and an affidavit from the 372 applicant that she or he it has complied with all applicable 373 requirements of this section and, if the vehicle or vessel is 374 not registered in this state or any other state, by a statement 375 from a law enforcement officer that the vehicle or vessel is not 376 reported stolen, and must shall be accompanied by such 377 documentation as may be required by the department. 378 (12)(a)Any person who violates paragraph (2)(b) any 379 provision of subsection (1), subsection (2), subsection (4), 380 subsection (5), subsection (6), or subsection (7) is guilty of a 381 misdemeanor of the first degree, punishable as provided in s. 382 775.082 or s. 775.083. 383 (13)(a)Upon receipt by the Department of Highway Safety 384 and Motor Vehicles of written notice from a wrecker operator who 385 claims a wrecker operators lien under subparagraph (2)(b)4. 386 paragraph (2)(d) for recovery, towing, or storage of an 387 abandoned vehicle or vessel upon instructions from any law 388 enforcement agency, for which a certificate of destruction has 389 been issued under subsection (11) and the vehicle has been 390 reported to the National Motor Vehicle Title Information System, 391 the department shall place the name of the registered owner of 392 that vehicle or vessel on the list of those persons who may not 393 be issued a license plate or revalidation sticker for any motor 394 vehicle under s. 320.03(8). If the vehicle or vessel is owned 395 jointly by more than one person, the name of each registered 396 owner must shall be placed on the list. The notice of wrecker 397 operators lien must shall be submitted on forms provided by the 398 department and, which must include: 399 1.The name, address, and telephone number of the wrecker 400 operator. 401 2.The name of the registered owner of the vehicle or 402 vessel and the address to which the wrecker operator provided 403 notice of the lien to the registered owner under subsection (4). 404 3.A general description of the vehicle or vessel, 405 including its color, make, model, body style, and year. 406 4.The vehicle identification number (VIN); registration 407 license plate number, state, and year; validation decal number, 408 state, and year; vessel registration number; hull identification 409 number; or other identification number, as applicable. 410 5.The name of the person or the corresponding law 411 enforcement agency that requested that the vehicle or vessel be 412 recovered, towed, or stored. 413 6.The amount of the wrecker operators lien, not to exceed 414 the amount allowed by paragraph (b). 415 (b)For purposes of this subsection only, the amount of the 416 wrecker operators lien for which the department will prevent 417 issuance of a license plate or revalidation sticker may not 418 exceed the amount of the charges for recovery, towing, and 419 storage of the vehicle or vessel for 7 days. These charges may 420 not exceed the maximum rates imposed by the ordinances of the 421 respective county or municipality under ss. 125.0103(1)(c) and 422 166.043(1)(c). This paragraph does not limit the amount of a 423 wrecker operators lien claimed under paragraph (2)(b) 424 subsection (2) or prevent a wrecker operator from seeking civil 425 remedies for enforcement of the entire amount of the lien, but 426 limits only that portion of the lien for which the department 427 will prevent issuance of a license plate or revalidation 428 sticker. 429 (d)Upon discharge of the amount of the wrecker operators 430 lien allowed by paragraph (b), the wrecker operator must issue a 431 certificate of discharged wrecker operators lien on forms 432 provided by the department to each registered owner of the 433 vehicle or vessel attesting that the amount of the wrecker 434 operators lien allowed by paragraph (b) has been discharged. 435 Upon presentation of the certificate of discharged wrecker 436 operators lien by the registered owner, the department must 437 shall immediately remove the registered owners name from the 438 list of those persons who may not be issued a license plate or 439 revalidation sticker for any motor vehicle under s. 320.03(8), 440 thereby allowing issuance of a license plate or revalidation 441 sticker. Issuance of a certificate of discharged wrecker 442 operators lien under this paragraph does not discharge the 443 entire amount of the wrecker operators lien claimed under 444 paragraph (2)(b) subsection (2), but only certifies to the 445 department that the amount of the wrecker operators lien 446 allowed by paragraph (b), for which the department will prevent 447 issuance of a license plate or revalidation sticker, has been 448 discharged. 449 (15)(a)A lienor or the lienors agent may charge an 450 administrative fee to the registered owner or a person claiming 451 a lien against the vehicle or vessel to obtain release of the 452 vehicle or vessel from the claim of lien imposed under this 453 section. The Such administrative fee may not exceed $250 or the 454 amount set by the county or municipality, whichever is less. For 455 purposes of this paragraph, the term administrative fee means 456 a lien fee or any fee imposed by the lienor or the lienors 457 agent for administrative costs added to the amount due for 458 towing and storing the vehicle or vessel. 459 (18)A towing-storage operator must retain records of all 460 vehicles or vessels recovered, towed, or stored; all notice 461 publications and certified mailings; and all fees imposed under 462 this section. 463 (19)This section is the exclusive remedy for the placement 464 or foreclosure of a storage lien placed on a vehicle or vessel. 465 Section 3.Section 559.917, Florida Statutes, is amended to 466 read: 467 559.917Bond to release possessory lien claimed by motor 468 vehicle repair shop or towing-storage operator. 469 (1)(a)A customer or a person of record claiming a lien 470 against a motor vehicle or vessel may obtain the release of the 471 motor vehicle or vessel from any lien claimed under part II of 472 chapter 713 by a motor vehicle repair shop for repair work 473 performed under a written repair estimate or by a towing-storage 474 operator for recovery, towing, or storage charges by filing with 475 the clerk of the court in the circuit in which the disputed 476 transaction occurred a cash or surety bond, payable to the 477 person claiming the lien and conditioned for the payment of any 478 judgment which may be entered on the lien. The bond must shall 479 be in the amount stated on the notice of lien required under s. 480 713.78(4) or on the invoice required by s. 559.911, plus accrued 481 storage charges, if any, less any amount paid to the motor 482 vehicle repair shop as indicated on the invoice. The customer or 483 person is shall not be required to institute judicial 484 proceedings in order to post the bond in the registry of the 485 court and is shall not be required to use a particular form for 486 posting the bond unless the clerk provides such form to the 487 customer or person for filing. Upon the posting of such bond, 488 the clerk of the court shall automatically issue a certificate 489 notifying the lienor of the posting of the bond and directing 490 the lienor to release the motor vehicle or vessel. 491 (b)The lienor has shall have 60 days to file suit to 492 recover the bond. The prevailing party in that action may be 493 entitled to damages plus court costs and reasonable attorney 494 fees. If the lienor fails to file suit within 60 days after the 495 posting of such bond, the bond must shall be discharged by the 496 clerk. 497 (2)If the failure of a lienor fails to release or return 498 to the customer or person the motor vehicle or vessel upon which 499 any lien is claimed, upon receiving a copy of a certificate 500 giving notice of the posting of the bond and directing release 501 of the motor vehicle or vessel, the lienor is shall subject the 502 lienor to judicial proceedings which may be brought by the 503 customer or person to compel compliance with the certificate. If 504 Whenever a customer or person brings an action to compel 505 compliance with the certificate, the customer or person must 506 need only establish the following that: 507 (a)That the bond in the amount on the notice of lien 508 required under s. 713.78(4) or on of the invoice, plus accrued 509 storage charges, if any, less any amount paid to the motor 510 vehicle repair shop as indicated on the invoice, was posted.; 511 (b)That a certificate was issued under pursuant to this 512 section.; 513 (c)That the motor vehicle repair shop or towing-storage 514 operator, or any employee or agent thereof who is authorized to 515 release the motor vehicle or vessel, received a copy of a 516 certificate issued under pursuant to this section.; and 517 (d)That the motor vehicle repair shop or towing-storage 518 operator, or an employee or agent thereof who is authorized to 519 release the motor vehicle or vessel, failed to release the motor 520 vehicle or vessel. 521 522 The customer or person, upon a judgment in her or his favor in 523 an action brought under this subsection, may be entitled to 524 damages plus court costs and reasonable attorney fees sustained 525 by her or him by reason of such wrongful detention or retention. 526 Upon a judgment in favor of the motor vehicle repair shop or 527 towing-storage operator, the shop or towing-storage operator may 528 be entitled to reasonable attorney fees. 529 (3)A motor vehicle repair shop or towing-storage operator 530 that, or an employee or agent thereof who is authorized to 531 release the motor vehicle or vessel, who, upon receiving a copy 532 of a certificate giving notice of the posting of the bond in the 533 required amount and directing release of the motor vehicle or 534 vessel, fails to release or return the property to the customer 535 or person pursuant to this section commits a misdemeanor of the 536 second degree, punishable as provided in s. 775.082 or s. 537 775.083. 538 (4)A customer or person who stops payment on a credit card 539 charge or a check drawn in favor of a motor vehicle repair shop 540 on account of an invoice or who fails to post a cash or surety 541 bond under pursuant to this section is shall be prohibited from 542 any recourse under this section with respect to the motor 543 vehicle repair shop. 544 (5)For purposes of this section, the terms towing-storage 545 operator and vessel have the same meanings as in s. 546 713.78(1). 547 Section 4.Section 83.09, Florida Statutes, is amended to 548 read: 549 83.09Exemptions from liens for rent. 550 (1)The No property of any tenant or lessee shall be exempt 551 from distress and sale for rent, except beds, bedclothes, and 552 wearing apparel of a tenant or lessee are exempt from distress 553 and sale for rent. 554 (2)A lien on a vehicle or vessel, as those terms are 555 defined in s. 713.78(1), of a tenant or lessee must be placed 556 and foreclosed pursuant to s. 713.78 and may not be placed or 557 foreclosed under this chapter. 558 Section 5.Section 83.805, Florida Statutes, is amended to 559 read: 560 83.805Lien. 561 (1)The owner of a self-service storage facility or self 562 contained storage unit and the owners heirs, executors, 563 administrators, successors, and assigns have a lien upon all 564 personal property, whether or not owned by the tenant, located 565 at a self-service storage facility or in a self-contained 566 storage unit for rent, labor charges, or other charges, present 567 or future, in relation to the personal property and for expenses 568 necessary for its preservation or expenses reasonably incurred 569 in its sale or other disposition pursuant to ss. 83.801-83.809. 570 The lien provided for in this section attaches as of the date 571 that the personal property is brought to the self-service 572 storage facility or as of the date the tenant takes possession 573 of the self-contained storage unit, and the priority of this 574 lien shall be the same as provided in s. 83.08; however, in the 575 event of default, the owner must give notice to persons who hold 576 perfected security interests under the Uniform Commercial Code 577 in which the tenant is named as the debtor. 578 (2)A lien on a vehicle or vessel, as those terms are 579 defined in s. 713.78(1), of a tenant must be placed and 580 foreclosed pursuant to s. 713.78 and may not be placed or 581 foreclosed under this chapter. 582 Section 6.Subsection (10) is added to section 677.210, 583 Florida Statutes, to read: 584 677.210Enforcement of warehouses lien. 585 (10)A lien on a vehicle or vessel, as those terms are 586 defined in s. 713.78(1), must be placed and foreclosed pursuant 587 to s. 713.78 and may not be placed or foreclosed under this 588 chapter. 589 Section 7.Paragraph (a) of subsection (2) of section 590 715.07, Florida Statutes, is amended to read: 591 715.07Vehicles or vessels parked on private property; 592 towing. 593 (2)The owner or lessee of real property, or any person 594 authorized by the owner or lessee, which person may be the 595 designated representative of the condominium association if the 596 real property is a condominium, may cause any vehicle or vessel 597 parked on such property without her or his permission to be 598 removed by a person regularly engaged in the business of towing 599 vehicles or vessels, without liability for the costs of removal, 600 transportation, or storage or damages caused by such removal, 601 transportation, or storage, under any of the following 602 circumstances: 603 (a)The towing or removal of any vehicle or vessel from 604 private property without the consent of the registered owner or 605 other legally authorized person in control of that vehicle or 606 vessel is subject to substantial compliance with the following 607 conditions and restrictions: 608 1.a.Any towed or removed vehicle or vessel must be stored 609 at a site within a 10-mile radius of the point of removal in any 610 county of 500,000 population or more, and within a 15-mile 611 radius of the point of removal in any county of fewer than 612 500,000 population. That site must be open for the purpose of 613 redemption of vehicles on any day that the person or firm towing 614 such vehicle or vessel is open for towing purposes, from 8:00 615 a.m. to 6:00 p.m., and, when closed, shall have prominently 616 posted a sign indicating a telephone number where the operator 617 of the site can be reached at all times. Upon receipt of a 618 telephoned request to open the site to redeem a vehicle or 619 vessel, the operator shall return to the site within 1 hour or 620 she or he will be in violation of this section. 621 b.If no towing business providing such service is located 622 within the area of towing limitations set forth in sub 623 subparagraph a., the following limitations apply: any towed or 624 removed vehicle or vessel must be stored at a site within a 20 625 mile radius of the point of removal in any county of 500,000 626 population or more, and within a 30-mile radius of the point of 627 removal in any county of fewer than 500,000 population. 628 2.The person or firm towing or removing the vehicle or 629 vessel shall, within 30 minutes after completion of such towing 630 or removal, notify the municipal police department or, in an 631 unincorporated area, the sheriff, of such towing or removal, the 632 storage site, the time the vehicle or vessel was towed or 633 removed, and the make, model, color, and license plate number of 634 the vehicle or description and registration number of the vessel 635 and shall obtain the name of the person at that department to 636 whom such information was reported and note that name on the 637 trip record. 638 3.A person in the process of towing or removing a vehicle 639 or vessel from the premises or parking lot in which the vehicle 640 or vessel is not lawfully parked must stop when a person seeks 641 the return of the vehicle or vessel. The vehicle or vessel must 642 be returned upon the payment of a reasonable service fee of not 643 more than one-half of the posted rate for the towing or removal 644 service as provided in subparagraph 6. The vehicle or vessel may 645 be towed or removed if, after a reasonable opportunity, the 646 owner or legally authorized person in control of the vehicle or 647 vessel is unable to pay the service fee. If the vehicle or 648 vessel is redeemed, a detailed signed receipt must be given to 649 the person redeeming the vehicle or vessel. 650 4.A person may not pay or accept money or other valuable 651 consideration for the privilege of towing or removing vehicles 652 or vessels from a particular location. 653 5.Except for property appurtenant to and obviously a part 654 of a single-family residence, and except for instances when 655 notice is personally given to the owner or other legally 656 authorized person in control of the vehicle or vessel that the 657 area in which that vehicle or vessel is parked is reserved or 658 otherwise unavailable for unauthorized vehicles or vessels and 659 that the vehicle or vessel is subject to being removed at the 660 owners or operators expense, any property owner or lessee, or 661 person authorized by the property owner or lessee, before towing 662 or removing any vehicle or vessel from private property without 663 the consent of the owner or other legally authorized person in 664 control of that vehicle or vessel, must post a notice meeting 665 the following requirements: 666 a.The notice must be prominently placed at each driveway 667 access or curb cut allowing vehicular access to the property 668 within 10 feet from the road, as defined in s. 334.03(22). If 669 there are no curbs or access barriers, the signs must be posted 670 not fewer than one sign for each 25 feet of lot frontage. 671 b.The notice must clearly indicate, in not fewer than 2 672 inch high, light-reflective letters on a contrasting background, 673 that unauthorized vehicles will be towed away at the owners 674 expense. The words tow-away zone must be included on the sign 675 in not fewer than 4-inch high letters. 676 c.The notice must also provide the name and current 677 telephone number of the person or firm towing or removing the 678 vehicles or vessels. 679 d.The sign structure containing the required notices must 680 be permanently installed with the words tow-away zone not 681 fewer than 3 feet and not more than 6 feet above ground level 682 and must be continuously maintained on the property for not 683 fewer than 24 hours before the towing or removal of any vehicles 684 or vessels. 685 e.The local government may require permitting and 686 inspection of these signs before any towing or removal of 687 vehicles or vessels being authorized. 688 f.A business with 20 or fewer parking spaces satisfies the 689 notice requirements of this subparagraph by prominently 690 displaying a sign stating Reserved Parking for Customers Only 691 Unauthorized Vehicles or Vessels Will be Towed Away At the 692 Owners Expense in not fewer than 4-inch high, light-reflective 693 letters on a contrasting background. 694 g.A property owner towing or removing vessels from real 695 property must post notice, consistent with the requirements in 696 sub-subparagraphs a.-f., which apply to vehicles, that 697 unauthorized vehicles or vessels will be towed away at the 698 owners expense. 699 700 A business owner or lessee may authorize the removal of a 701 vehicle or vessel by a towing company when the vehicle or vessel 702 is parked in such a manner that restricts the normal operation 703 of business; and if a vehicle or vessel parked on a public 704 right-of-way obstructs access to a private driveway the owner, 705 lessee, or agent may have the vehicle or vessel removed by a 706 towing company upon signing an order that the vehicle or vessel 707 be removed without a posted tow-away zone sign. 708 6.Any person or firm that tows or removes vehicles or 709 vessels and proposes to require an owner, operator, or person in 710 control or custody of a vehicle or vessel to pay the costs of 711 towing and storage before redemption of the vehicle or vessel 712 must file and keep on record with the local law enforcement 713 agency a complete copy of the current rates to be charged for 714 such services and post at the storage site an identical rate 715 schedule and any written contracts with property owners, 716 lessees, or persons in control of property which authorize such 717 person or firm to remove vehicles or vessels as provided in this 718 section. 719 7.Any person or firm towing or removing any vehicles or 720 vessels from private property without the consent of the owner 721 or other legally authorized person in control or custody of the 722 vehicles or vessels shall, on any trucks, wreckers as defined in 723 s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 724 towing or removal, have the name, address, and telephone number 725 of the company performing such service clearly printed in 726 contrasting colors on the driver and passenger sides of the 727 vehicle. The name shall be in at least 3-inch permanently 728 affixed letters, and the address and telephone number shall be 729 in at least 1-inch permanently affixed letters. 730 8.Vehicle entry for the purpose of removing the vehicle or 731 vessel shall be allowed with reasonable care on the part of the 732 person or firm towing the vehicle or vessel. Such person or firm 733 shall be liable for any damage occasioned to the vehicle or 734 vessel if such entry is not in accordance with the standard of 735 reasonable care. 736 9.When a vehicle or vessel has been towed or removed 737 pursuant to this section, it must be released to its owner or 738 person in control or custody within 1 hour after requested. Any 739 vehicle or vessel owner or person in control or custody has the 740 right to inspect the vehicle or vessel before accepting its 741 return, and no release or waiver of any kind which would release 742 the person or firm towing the vehicle or vessel from liability 743 for damages noted by the owner or person in control or custody 744 at the time of the redemption may be required from any vehicle 745 or vessel owner or person in control or custody as a condition 746 of release of the vehicle or vessel to its owner or person in 747 control or custody. A detailed receipt showing the legal name of 748 the company or person towing or removing the vehicle or vessel 749 must be given to the person paying towing or storage charges at 750 the time of payment, whether requested or not. 751 Section 8.This act shall take effect July 1, 2023.