The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 760
INTRODUCER: Rules Committee; Transportation Committee; and Senator Perry
SUBJECT: Wrecker and Towing-storage Operators
DATE: April 25, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jones Vickers TR Fav/CS
2. Hackett Ryon CA Favorable
3. Jones Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 760 makes changes related to wrecker operator systems and towing-storage operator
practices, including allowable fees, payment acceptance, lien requirements, sale of unclaimed
vehicles, and record retention. Specifically, the bill:
Prohibits the Florida Highway Patrol from excluding a wrecker operator from its wrecker
operator system based solely on a prior felony conviction, unless such conviction is for a
specified felony offense.
Provides that a towing-storage operator may only charge certain fees.
Requires towing-storage operators accept specified forms of payment.
Reduces the timeframe in which a towing-storage operator must send the notice of lien, from
seven to four business days, and reduces storage charges that may be charged if a lienor fails
to provide this notice, also from seven to four days.
Increases the timeframe an unclaimed vehicle or vessel three years of age or newer may be
sold by a lienor, from 50 days to 65 days from the storage date, and requires the notice of lien
must not be sent less than 60 days before the sale.
Increases the timeframe for the public notice requirement related to sale on an unclaimed
vehicle by a towing-storage operator, from ten days to 20 days before the sale.
Clarifies that the third-party vendor must “substantially” comply with the notification to
enforce a lien.
Prohibits a towing-storage operator from releasing a towed rental vehicle or vessel to a renter
unless the rental company appoints the renter as an agent of the company.
REVISED: BILL: CS/CS/SB 760 Page 2
Requires a towing-storage operator to make a towed vehicle available for inspection during
normal business hours within 30 minutes after arrival at a storage facility.
Requires a towing-storage operator accept electronic titles as well as paper titles as evidence
of a person’s interest in a vehicle or vessel.
Requires a towing-storage operator retain records of all vehicles and vessels recovered,
towed, or stored; all notice publications and certified mailings; and fees imposed under
s. 713.78, F.S., for at least three years.
Provides that foreclosing a storage lien on a vehicle or vessel must be through the process set
forth in s. 713.78, F.S., as opposed to the warehouse lien and landlord and tenant statutes.
Creates notice and bond requirements for foreclosure of storage liens on vehicles or vessels
held by self-storage facilities.
The bill does not appear to have a fiscal impact on state or local government.
The bill takes effect July 1, 2023.
II. Present Situation:
Florida Highway Patrol Wrecker Operator System
Section 321.051, F.S. authorizes the Florida Highway Patrol (FHP) to establish a wrecker
operator system using qualified, reputable wrecker operators for removal and storage of wrecked
or disabled vehicles from a crash scene or for removal and storage of abandoned vehicles. All
reputable wrecker operators shall be eligible for use in the system provided their equipment and
drivers meet recognized safety qualifications and mechanical standards set by FHP rules. The
FHP has established rules for wrecker qualifications that apply only for those wreckers who
participate in FHP’s wrecker operator system.
1
Rule 15B-9.007, F.A.C., provides FHP grounds to deny inclusion of, remove, or suspend a
wrecker operator from FHP’s wrecker rotation list. The rule includes removal from the list for
“lack of reputability of a wrecker operator,” which means, “FHP cannot trust the wrecker
operator to safeguard the welfare and property of the public.” This includes, but is not limited to:
Conviction of any felony without restoration of the person’s civil rights; and
Conviction of any felony or first degree misdemeanor directly related to the business of
operating a wrecker, regardless of whether civil rights have been restored.
County and Municipal Wrecker Operator Systems
A county or municipal government may contract with one or more wrecker operators to tow or
remove wrecked, disabled, or abandoned vehicles from streets, highways, and accident sites.
After the establishment of such contracts, the county or municipality must create a “wrecker
operator system” to apportion towing assignments between the contracted wrecker services. This
apportionment may occur through the creation of geographic zones, a rotation schedule, or a
combination of those methods.
2
Any wrecker operator that is included in the wrecker operator
1
Chapter 15B-9, F.A.C.
2
Section 323.002(1)(c), F.S. BILL: CS/CS/SB 760 Page 3
system is an “authorized wrecker operator” in the jurisdiction, while any wrecker operation not
included is an “unauthorized wrecker operator.”
3
Counties must establish maximum rates for the towing of vehicles or vessels removed from
private property, as well as the towing and storage of vehicles or vessels removed from the scene
of an accident or from where the vehicle or vessel is towed at the request of a law enforcement
officer. Municipalities are also authorized to adopt maximum rate ordinances. If a municipality
enacts an ordinance to establish towing fees, the county ordinance will not apply within the
municipality.
4
Towing and Wrecker Companies
Towing and wrecker companies are licensed and regulated by county ordinances in the counties
in which they operate.
5
These ordinances may establish license application procedures and fees,
maximum towing rates, towing authorization requirements, and penalties for ordinance
violations, among other things.
6
State law does not require towing and wrecker companies to accept specific forms of payment.
However, 11 states mandate towing companies accept credit cards as a form of payment.
7
Liens for Recovering, Towing, or Storing Vehicles or Vessels
Liens are claims against property that evidence a debt, obligation, or duty. Liens can be created
by judgment, equity, agreement, or statute. The rights and duties of a lienholder depend on the
type of lien created and are generally set out in the order, agreement, or statute creating the lien.
Liens on a vehicle or vessel for towing and storage charges are created in statute.
8
A wrecker operator or other person engaged in the business of transporting vehicles or vessels
who recovers, removes, or stores a vehicle or vessel possesses a lien on the vehicle or vessel for
a reasonable towing fee, an administrative fee or charge imposed by a county or municipality,
and a storage fee (for a vehicle or vessel stored for six hours or more) if the vehicle or vessel is
removed upon instructions from:
The owner of the vehicle or vessel;
3
Section 323.002(1)(a)-(b), F.S.
4
Sections 125.0103(1)(c) and 166.043(1)(c), F.S. Section 715.07, F.S., relates to the towing and storage of vehicles or
vessels illegally parked on private property without the consent of the registered owner or other legally authorized person in
control of the vehicle.
5
See, e.g., Hillsborough County, Towing Companies, available at
https://www.hillsboroughcounty.org/businesses/entrepreneur-and-small-business-support/business-licensing/towing-
companies ; Orange County, Towing Information, available at
http://www.orangecountyfl.net/traffictransportation/towingandparkinginformation/towinginformation.aspx#.XHdwbVxKiUk
(last visited March 31, 2023).
6
See, e.g., Miami-Dade County, Towing License, available at
https://www8.miamidade.gov/global/license.page?Mduid_license=lic1495741572333567 (last visited March 31, 2023).
7
Van Cleef, Jacob and Murray, Teresa, Towing Kickbacks: Only one-third of states ban incentives to property owners, law
enforcement (April 26, 2022), PIRG, available at https://pirg.org/resources/towing-kickbacks-only-one-third-states-ban-
incentives-property-owners-law-enforcement/ (last visited March 31, 2023).
8
Section 713.78, F.S. BILL: CS/CS/SB 760 Page 4
The owner, lessor, or authorized person acting on behalf of the owner or lessor of property on
which the vehicle or vessel is wrongly parked (as long as the removal is performed according
to s. 715.07, F.S.);
The landlord or authorized person acting on behalf of a landlord, when the vehicle or vessel
remains on the property after the expiration of tenancy and the removal is performed
pursuant to enforcing a lien pursuant to s. 83.806, F.S., or for the removal of property left
after a lease is vacated under s. 715.104, F.S.; or
Any law enforcement agency.
9
A wrecker operator who claims a lien is required to give notice, by certified mail, to the
registered owner, the insurance company insuring the vehicle, and all persons claiming a lien, as
disclosed by the records in the Department of Highway Safety and Motor Vehicles (DHSMV) or
as disclosed by the records of any corresponding agency in any other state in which the vehicle is
identified through a records check.
A towing-storage operator currently must use a third-party service
10
approved by the DHSMV to
transmit the notice (as well as any other notices required under s. 713.78, F.S.). If there is no
approved service, the operator may mail the notice and provide evidence of compliance upon
application for a certificate of title.
11
The notice of lien must be sent by certified mail within
seven business days after the date of storage of the vehicle or vessel.
12
A lienor or its agent may charge an administrative fee
13
to the registered owner or other person
claiming a lien against the vehicle or vessel for a release from the lien, not to exceed $250.
14
If a law enforcement agency authorized a towing-storage operator to remove a vehicle or vessel,
or a towing-storage operator notifies a law enforcement agency of possession of a towed vehicle
or vessel,
15
the law enforcement agency where the vehicle or vessel is stored must contact the
DHSMV, or the appropriate agency in the state of registration, if known, within 24 hours and
provide a full description of the vehicle or vessel.
16
The DHSMV, or appropriate state agency,
must search its records to determine the identity of the owner, the company insuring the vehicle
9
Section 713.78(2), F.S.
10
The term “third-party service” is defined in s. 713.78(16)(a), F.S., to mean a qualified business entity that, upon a request
submitted through a website by an operator: 1) Accesses the National Motor Vehicle Title Information System records to
obtain the last state of record of the vehicle; 2) Accesses the owner, lienholder, and insurer information, as applicable, for a
vehicle or vessel from the DHSMV; 3) Electronically generates the notices required of a towing-storage operator through the
website; 4) Prints and sends the notices to each owner, lienholder, and insurer of record by certified mail; 5) Electronically
returns tracking information or other proof of mailing and delivery of the notices to the towing-storage operator; and 6)
Electronically reports to the DHSMV via an electronic data exchange process certain information related to the towing and
storage notice.
11
Section 713.78(16), F.S.
12
Section 713.78(4)(a) and (c), F.S.
13
Defined to mean a lien fee or any fee imposed by the lienor or the lienor’s agent for administrative costs added to the
amount due for towing and storing the vehicle or vessel. Section 713.78(15)(a), F.S.
14
Id.
15
Within 30 minutes after completion of a tow or removal from private property without the consent of the registered owner
or other legally authorized person, a towing-storage operator must notify the municipal police department, or, in an
unincorporated area, the sheriff, of the tow or removal, the storage site, the time of the tow or removal, and the make, model,
color, and license plate number of the vehicle or description and registration number of the vessel. S. 715.07(2)(a)2., F.S.
16
Section 713.78(4)(b), F.S. BILL: CS/CS/SB 760 Page 5
or vessel, and any lienholders and provide the information to the law enforcement agency within
72 hours.
17
The towing-storage operator must obtain such information from the law enforcement
agency within 5 days after the date of storage and provide the required notice.
18
If a towing-storage operator is unsuccessful in locating the name and address of the owner or
other lienholder, the operator must, after seven business days after the initial tow or storage,
notify the jurisdictional entity where the vehicle or vessel is stored, in writing by certified mail or
acknowledged hand delivery, that the operator has been unable to locate the name and address, a
physical search of the vehicle or vessel has revealed no ownership information, and a “good faith
effort”
19
has been made, including a records check of the DHSMV database and of the National
Motor Vehicle Title Information System.
20
Failure of the towing-storage operator to make a good faith effort to identify the owner or
lienholder of the vehicle or vessel precludes the towing-storage operator from assessing any
storage charges.
21
Inspection of Vehicles and Vessels and Release of Property
Towing and storage operators must permit vehicle or vessel owners, lienholders, insurance
company representatives, or agents to inspect a towed vehicle or vessel and release to that person
the vehicle, vessel, or all personal property that was not affixed when the vehicle or vessel came
into the custody of the towing or storage operator.
22
The authorization of agency must be
documented in an original writing acknowledged by the owner before a notary public or
someone authorized to administer oaths.
Whoever violates the inspection and release provisions contained in s. 713.78(10) , F.S., is guilty
of a third degree felony
23
which is punishable by a fine that does not exceed $5,000
24
and
imprisonment that does not exceed five years.
25
Bond to Release Vehicle or Vessel
The owner or lienholder of a vehicle or vessel subject to a lien for towing and storage charges
may, within ten days after learning of the location of the vehicle or vessel, file a complaint in the
county court of the county where the vehicle or vessel is stored to determine whether the vehicle
or vessel was wrongfully taken or withheld.
26
The vehicle or vessel must be released if, at any
17
Id.
18
Id.
19
Section 713.78(5)(e), F.S., defines the term to mean that the operator has performed a list of “checks” of items such as
searching specified databases and information systems; looking for any type of tag, tag record, temporary or regular tag on
the vehicle or vessel; or looking for the vehicle identification number or the vessel registration number.
20
“The National Motor Vehicle Title Information System (NMVTIS) is a system that allows the titling agency to instantly
and reliably verify the information on the paper title with the electronic data from the state that issued the title.” See
AAMVA, National Motor Vehicle Title Information System (NMVTIS), available at
https://www.aamva.org/technology/systems/vehicle-systems/nmvtis# (last visited March 31, 2023).
21
Section 713.78(9), F.S.
22
Section 713.78(10), F.S.
23
Section 713.78(12)(b), F.S.
24
Section 775.083(1)(c), F.S.
25
Section 775.082(3)(e), F.S. Additional penalties may apply for certain habitual felony offenders under s. 775.084, F.S.
26
Section 713.78(5)(a), F.S. BILL: CS/CS/SB 760 Page 6
time before sale of the vehicle or vessel, the owner or lienholder posts with the court cash or a
surety bond or other adequate security to ensure the payment of charges owed for towing and
storage should the owner or lienholder not prevail in litigation.
27
After posting bond, the clerk
must issue a notice of the bond to the towing-storage operator and direct the towing-storage
operator to release the vehicle or vessel.
28
Upon determining the respective rights of the parties, the court may award damages, attorney’s
fees, and costs in favor of the prevailing party. The final order provides immediate payment in
full of recovery, towing, and storage fees by the responsible party.
29
Sale of Vehicles and Vessels and Required Notice
A towing-storage operator may sell at public sale a stored vehicle or vessel that remains
unclaimed, or for which charges for recovery, towing, or storage remain unpaid, after:
35 days from the date of storage if the vehicle or vessel is more than 3 years old; or
50 days from the date of storage if the vehicle or vessel is 3 years old or less.
30
If the date of the sale was not included in the notice of claim of lien, the towing-storage operator
must send a notice of sale by certified mail, no less than 30 days before the date of the sale, to:
The person in whose name the vehicle or vessel is registered; and
All persons claiming a lien on the vehicle or vessel as shown in the records of the DHSMV
or any corresponding agency in any other state in which the vehicle is identified as being
titled by a records check of the NMVTIS or an equivalent commercially available system.
31
The towing-storage operator must also publish notice of the time and place of the sale, at least
ten days before the date of the sale, in a newspaper of general circulation in the county where the
sale will occur.
32
Proceeds of Sale
If the owner or lienholder of the vehicle or vessel sold is absent, the proceeds of the sale of the
vehicle or vessel, minus any reasonable towing and storage charges owed and costs of the sale,
must be deposited with the clerk of the court for the county where the sale occurred.
33
The clerk
must hold the proceeds for the benefit of the owner or lienholder whose interest in the vehicle or
vessel was destroyed by the sale.
34
Self-Service Storage Spaces
The Self-storage Facility Act, codified as ss. 83.801-83.809, F.S., governs self-storage facilities
in this state. The basic arrangement contemplated in the Act is a tenant contracting with an
27
Section 713.78(5)(b), F.S
28
Id.
29
Section 713.78(5)(c), F.S.
30
Section 713.78(6), F.S.
31
Id.
32
Section 713.78(6), F.S.
33
Id.
34
Id. BILL: CS/CS/SB 760 Page 7
owner of a facility to store the tenant’s personal property.
35
In this arrangement, the storage
facility faces the risk that a tenant will fail to pay rent or other expenses. However, the Act
provides the facility with a degree of protection from this risk by granting the storage facility a
lien on all stored property of a tenant
36
and by authorizing the storage facility to sell the property
of a delinquent tenant.
37
Following failure of a tenant to pay rent, if the storage facility decides to pursue the sale of the
tenant’s property to enforce the lien, the storage facility must notify the tenant that the lien must
be satisfied within 14 days or the storage facility will advertise the property for sale. After 14
days, the storage facility may advertise the sale of the property. The sale must be advertised at
least once a week for two consecutive weeks in a newspaper in general circulation in the
facility’s area.
38
The sale may not take place until 15 days after the first advertisement.
39
However, if a lien is claimed on a motor vehicle or watercraft, and rent and other charges related
to the property remain unpaid for 60 days, the facility or unit owner may sell the property or
have it towed.
40
The wrecker operator taking possession of the property must comply with all
notification and sale requirements provided in s. 713.78, F.S.
III. Effect of Proposed Changes:
The bill defines a “towing-storage operator” as a person who regularly engages in the business of
transporting vehicles or vessels by wrecker, tow truck, or car carrier. The bill makes numerous
changes relating to towing-storage operators.
Florida Highway Patrol Wrecker Operator System
The bill amends s. 322.051, F.S., to prohibit the Florida Highway Patrol (FHP) from excluding a
wrecker operator from FHP’s wrecker operator system or fail to designate him or her as an
authorized wrecker operator based solely on a prior felony conviction, unless such conviction
was for:
A forcible felony
41
;
Theft of a motor vehicle under s. 812.014(2)(c)6., F.S.; or
Knowingly owning, operating, or conducting a chop shop
42
or knowingly aiding and abetting
another person in owning, operating, or conducting a chop shop.
35
Section 83.803(1), F.S.
36
See s. 83.805, F.S.
37
See s. 83.806, F.S.
38
See, s. 83.806(4)(c), F.S., regarding how sales must be advertised if there is no newspaper in the area of the storage facility.
39
Section 83.806(4)(b)3., F.S.
40
Section 83.806(10), F.S.
41
A “forcible felony” is defined as “treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery;
robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful
throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of
physical force or violence against any individual.” Section 776.08, F.S.
42
Section 812.16(1)(a), F.S., defines “chop shop” as, “any area, building, storage lot, field, or other premises or place where
one or more persons are engaged or have engaged in altering, dismantling, reassembling, or in any way concealing or
disguising the identity of a stolen motor vehicle or of any major component part of a stolen motor vehicle; where there are
two or more stolen motor vehicles present; or where there are major component parts from two or more stolen motor vehicles
present.” BILL: CS/CS/SB 760 Page 8
Towing-Storage Operator Fees and Payment
The bill provides towing-storage operators may charge only the following fees for, or incidental
to, the recovery, removal, or storage of a vehicle or vessel:
Any reasonable fee for service specifically authorized by ordinance, resolution, regulation, or
rule of the county or municipal in which the service is performed.
Any reasonable fee for service specifically authorized by contract or agreement between a
towing-storage operator and a county, municipality, or other governmental agency.
Any reasonable fee for service specifically authorized by rule of the DHSMV.
Any reasonable fee for service as agreed upon in writing between a towing-storage operator
and the owner of a vehicle or vessel.
Any lien release administrative fee as set forth in 713.78(15)(a), F.S.
Any reasonable administrative fee or charge imposed upon the registered owner or other
legally authorized person in control of a vehicle or vessel by a county or municipality
pursuant to ss. 125.01047, 166.04465, or 323.002, F.S.
43
The bill also requires towing-storage operators accept at least one form of payment from at least
two of the following groupings of payment methods:
Cash, cashier’s check, money order, or traveler’s check.
Bank, debit, or credit card.
Mobile payment service, digital wallet, or other electronic payment system.
Towing-storage operators may not require a person to provide more than one form of current
government photo identification for identity verification during payment.
Liens for Recovering, Towing, or Storing Vehicles or Vessels
The bill amends various parts of s. 713.78, F.S., relating to liens for recovering, towing, or
storing vehicles or vessels, and designates this section as the exclusive remedy for the placement
or foreclosure of a storage lien placed on a vehicle or vessel. The bill prohibits ss. 83.19 and
677.210, F.S., related to placing and foreclosing a lien by a landlord or warehouse, being used
for placing a lien on a vehicle or vessel.
The bill also:
Reduces the notification timeframe in which a towing-storage operator must send the notice
of lien to the registered owner, the insurance company insuring the vehicle, and all other
lienholders, from seven business days to four business days.
Provides that notification requirements in s. 713.78(4)(b), F.S., are to be used if an approved
third-party service cannot obtain the vehicle’s or vessel’s owner, lienholder, and insurer
information or last state of record pursuant to s. 713.78(16), F.S.
Reduces the timeframe, within four days instead of seven business days, for a towing-storage
operator to notify the jurisdictional entity where the vehicle or vessel is stored, in writing by
certified mail or electronic delivery, if the towing-storage operator is unsuccessful in locating
43
These sections authorize a county or municipality to impose a reasonable administrative fee or charge, not to exceed 25
percent of the maximum towing rate, to cover the cost of enforcement, including parking enforcement. Authorized wrecker
operators or towing businesses may impose, collect, and remit this fee or charge on behalf of the county or municipality. BILL: CS/CS/SB 760 Page 9
the name and address of the owner or other lienholder. Removes that this can be done
through acknowledged hand delivery while adding electronic delivery.
Provides that failure to make good faith efforts to substantially comply with the requirements
of this section or to provide notice claiming a lien precludes the imposition of storage
charges against the vehicle or vessel for more than four days of storage (formerly seven days
of storage fees for failure to provide notice of a lien).
Inspection of Vehicles and Vessels and Release of Property
The bill clarifies that vehicle or vessel owners, rental vehicle or vessel owners, lienholders,
insurance company representatives, or their agents are authorized to inspect a towed vehicle and
have released to that person the vehicle or all personal property that was not affixed when the
vehicle came into the custody of the towing-storage operator. Towing-storage operators must
allow this during normal business hours within 30 minutes after the person arrives at the storage
facility where the vehicle or vessel is stored.
The bill clarifies that a rental agreement is not evidence that the renter is an agent of the rental
vehicle or vessel owner, prohibiting a towing company from releasing a vehicle or vessel owned
by a rental car company to the renter. Additionally, a towing-storage operator must accept a
photocopy of a contract, an electronic title, or a paper title as evidence of a person’s interest in a
vehicle or vessel.
Sale of Vehicles and Vessels and Required Notice
The bill increases the timeframe an unclaimed vehicle or vessel 3 years of age or newer may be
sold by a lienor, from 50 days to 65 days. For a vehicle 3 years of age or newer, the notice of lien
must be sent no less than 60 days before the sale of the vehicle or vessel. The bill also increases
the timeframe required for publishing notice of the time and place of the sale in a newspaper of
general circulation in the county where the sale will occur, from at least 10 days to 20 days
before the sale.
The bill adds the insurance company insuring the vehicle or vessel must be sent, by certified
mail, a notice of sale of the vehicle or vessel by the storage owner or operator.
Towing-Storage Operators Record Retention Requirements
The bill requires towing-storage operators to retain records for all vehicles and vessels recovered,
towed, stored, or released for at least three years. Such records must include:
All notice publications and certified mailings;
The purchase price of unclaimed vehicles or vessels sold;
The names and addresses of unclaimed vehicle or vessel purchasers;
The names and addresses of persons to which vehicles or vessels were released; and
All fees imposed under s. 713.78, F.S.
BILL: CS/CS/SB 760 Page 10
Self-Service Storage Spaces
Contracts
The bill requires in self-storage contracts that the rental agreement contain a provision
authorizing the tenant to designate an optional alternate contact person who may be contacted
only for providing notice of enforcement of a lien or as authorized by the rental agreement. This
designation does not give the alternate contact an interest in the contents stored in the self-
service storage facility.
Liens on Vehicles or Vessels
The bill amends s. 83.806(10), F.S., regarding liens claimed on motor vehicles or vessels by a
self-service storage facility or unit owner, to align such process closer to the process used by
towing-storage operators pursuant to s. 713.78, F.S. If a facility or unit owner intends to sell the
motor vehicle or vessel, he or she will be required to:
Conduct a records check with DHSMV for a current registration. If no registration is found,
conduct a NMVTIS or an equivalent commercially available system search.
If persons claiming a lien are identified, send a notice of lien by certified mail to such
persons stating:
o The make, model, and last eight digits of the vehicle identification number of the vehicle
subject to the lien, or the hull identification number of a vessel subject to the lien;
o The name, physical address, and telephone number of the facility or unit owner, and the
entity name where the vehicle or vessel is stored;
o The name of the person listed as the tenant in the rental agreement;
o The fact of possession of the vessel or vehicle; that a lien is claimed; the address at which
the vehicle or vessel is located;
o That charges have accrued, including an itemized statement of the amount thereof; and
o That any vehicle or vessel that remains unclaimed may be sold free of all prior liens
30 days after notification is sent.
Failure to make good faith efforts to comply with these notice requirements precludes the
imposition of any storage charges against the vehicle or vessel.
If at any time before the proposed or scheduled date of sale, a person claiming ownership interest
in or a lien on the vehicle or vessel may request to inspect the vehicle or vessel. The facility or
unit owner must make the vehicle or vessel available for inspection during regular business hours
within three days after receiving a request for inspection.
Bond to Release Vehicle or Vessel
Prior to the sale of the vehicle or vessel, a person of record claiming a lien against the vehicle or
vessel may have it released upon posting with the clerk of court in the county where the vehicle
or vessel is being held, a cash or a surety bond or other adequate security to ensure the payment
of charges owed. After posting bond, the clerk of court shall automatically issue a certificate
notifying the owner of the storage facility and the release of the vehicle or vessel. Failure to
release or return the property to the person of record claiming a lien commits a second degree
misdemeanor.
BILL: CS/CS/SB 760 Page 11
The person claiming a lien against a motor vehicle or vessel has 30 days from the issuance of the
certificate to file a lawsuit to determine the validity of the storage charges. Upon determining the
respective rights of the parties, the court may award damages, attorney’s fees, and costs in favor
of the prevailing party.
Sale of Vehicle or Vessel
The bill requires that the lien sale take place at least ten days after publication of the
advertisement of sale, instead of 15 days after the first publication of advertisement of sale.
Effective Date
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have an indeterminate negative fiscal impact on towing-storage operators
due to the increased requirements and limitation on fees that can be charged.
C. Government Sector Impact:
The bill does not appear to have a fiscal impact on state or local government. BILL: CS/CS/SB 760 Page 12
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 321.051, 713.78,
83.19, 83.806, 83.808, 677.210, and 715.07.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Rules on April 24, 2023:
The CS makes the following changes to the bill:
Authorizes exclusion from the FHP wrecker operator system for operators with a
specified felony conviction for theft of a motor vehicle or operation of a chop shop.
Amends the fees a towing-storage operator may charge for, or incidental to the
recovery, removal, or storage of a vehicle or vessel.
Maintains current law regarding law enforcement vehicle look-up if an approved
third-party service cannot obtain specified information.
Changes the timeframe in which a towing-storage operator must send the notice of
lien, to within four business days, excluding Saturday, Sunday and federal legal
holidays.
Authorizes a towing-storage operator unable to locate the name and address of an
owner to notify the public agency of jurisdiction where the vehicle or vessel is being
stored by electronic delivery.
Removes changes made to the bond process relating to towing-storage operators and
towed vehicles.
Requires a towing-storage operator to provide notice of sale for an unclaimed vehicle
or vessel to the insurance company insuring the vehicle or vessel.
Changes the timeframe for the public notice requirement related to sale of an
unclaimed vehicle by a towing-storage operator.
Precludes the imposition of storage charges for more than four days if the towing-
storage operator fails to make good faith efforts to substantially comply with initial
notification requirements.
Requires towing-storage operators allow specified persons to inspect a towed vehicle
or vessel during normal business hours within 30 minutes after their arrival at the
storage site with a photocopy of a contract, or electronic or paper title as evidence of
interest in a vehicle or vessel. BILL: CS/CS/SB 760 Page 13
Specifies forms of payment a towing-operator must accept, and prohibits a towing-
operator from requiring more than one form of current government photo
identification.
Creates notice and bond requirements for foreclosure of storage liens on vehicles or
vessels held by self-storage facilities.
CS by Transportation on March 20, 2023:
The CS makes several changes to the bill. Specifically, the CS:
Amends the type of fees provided in the bill that are authorized to be charged by a
towing-storage operator;
Requires towing-storage operators to also accept debit cards or electronic payment
methods;
Clarifies that a towing-storage operator must allow a rental vehicle owner to inspect
and must release personal property to the owner of the towed rental vehicle in the
towing-storage operator’s possession;
Prohibits a towing company from releasing a towed rental vehicle to the vehicle’s
renter unless the rental company appoints the renter as the company’s agent and
provides required evidence;
Requires a towing-storage operator to make a towed vehicle or vessel available to a
non-rental owner for inspection during regular business hours within three business
days after receiving a written request to inspect the vehicle or vessel;
Requires towing-storage operators to accept electronic titles as well as paper titles as
evidence of a person’s interest in a vehicle or vessel; and
Removes changes made by the bill to the administrative fee authorized in s. 713.78,
F.S.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.