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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. 559.917, F.S.; 8
providing procedures and requirements for acquiring a 9
bond to release certain liens; authorizing the award 10
of court costs and attorney fees for certain cu stomers 11
or persons under certain circumstances; providing 12
definitions; amending s. 713.78, F.S.; providing 13
definitions; authorizing a towing -storage operator to 14
charge certain fees; providing that a lien can only be 15
placed on specified fees; requiring a to wing-storage 16
operator to accept specified payment methods; removing 17
certain requirements for law enforcement agencies and 18
the Department of Highway Safety and Motor Vehicles; 19
revising the timeframe in which certain unclaimed 20
vehicles or vessels may be sold ; revising the 21
timeframe in which a notice of lien must be sent for 22
certain unclaimed vehicles or vessels; revising the 23
timeframe in which a towing -storage operator must 24
provide certain notice to the public agency of 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
jurisdiction; requiring that such notic e be sent by 26
certified mail; requiring the posting of a bond or 27
other security be done in a specified manner; revising 28
the timeframe in which public notice of the sale of a 29
vehicle or vessel must be published; providing 30
applicability; requiring the immedia te payment of 31
certain fees if a lienor prevails in court; requiring 32
certain liens be discharged if a towing -storage 33
operator complies with certain requirements; 34
restricting the imposition of storage charges under 35
certain circumstances; requiring a towing -storage 36
operator to allow certain persons to inspect a rental 37
car; prohibiting a towing -storage operator from 38
releasing certain vehicles under certain 39
circumstances; requiring a towing -storage operator to 40
allow certain persons to inspect certain towed 41
vehicles and vessels; requiring a towing -storage 42
operator to release such vehicles and vessels within a 43
specified timeframe; requiring certain documentation 44
as evidence of a person's interest in a vehicle or 45
vessel; revising the amount a lienor may charge as an 46
administrative fee; requiring a towing -storage 47
operator to maintain certain records for a specified 48
amount of time; providing the exclusive remedy for 49
certain liens; conforming cross -references; making 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
technical changes; amending ss. 83.19, 83.805, 83.806 , 51
and 677.210, F.S.; conforming provisions to changes 52
made by the act; amending s. 715.07, F.S.; conforming 53
a cross-reference; providing an effective date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. Subsection (4) of sec tion 321.051, Florida 58
Statutes, is renumbered as subsection (5) and a new subsection 59
(4) is added to that section, to read: 60
321.051 Florida Highway Patrol wrecker operator system; 61
penalties for operation outside of system. — 62
(4) The Division of the Flor ida Highway Patrol may not 63
exclude a wrecker operator 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 i n s. 776.08. 67
Section 2. Section 559.917, Florida Statutes, is amended 68
to read: 69
559.917 Bond to release possessory lien claimed by motor 70
vehicle repair shop or towing-storage operator.— 71
(1)(a) A customer or a person of record claiming a lien 72
against a motor vehicle or vessel may obtain the release of the 73
motor vehicle or vessel from any lien claimed under part II of 74
chapter 713 by a motor vehicle repair shop for repair work 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
performed under a written repair estimate or by a towing-storage 76
operator for recovery, towing, or storage charges by filing with 77
the clerk of the court in the circuit in which the disputed 78
transaction occurred a cash or surety bond, payable to the 79
person claiming the lien and conditioned for the payment of any 80
judgment which may b e entered on the lien. The bond must shall 81
be in the amount stated on the notice of lien required under s. 82
713.78(4) or on the invoice required by s. 559.911, plus accrued 83
storage charges, if any, less any amount paid to the motor 84
vehicle repair shop as in dicated on the invoice. The customer or 85
person is shall not be required to institute judicial 86
proceedings in order to post the bond in the registry of the 87
court and is shall not be required to use a particular form for 88
posting the bond unless the clerk pro vides such form to the 89
customer or person for filing. Upon the posting of such bond, 90
the clerk of the court shall automatically issue a certificate 91
notifying the lienor of the posting of the bond and directing 92
the lienor to release the motor vehicle or vessel. 93
(b) The lienor has shall have 60 days to file suit to 94
recover the bond. The prevailing party in that action may be 95
entitled to damages plus court costs and reasonable attorney 96
fees. If the lienor fails to file suit within 60 days after the 97
posting of such bond, the bond must shall be discharged by the 98
clerk. 99
(2) If the failure of a lienor fails to release or return 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
to the customer or person the motor vehicle or vessel upon which 101
any lien is claimed, upon receiving a copy of a certificate 102
giving notice of the posting of the bond and directing release 103
of the motor vehicle or vessel, the lienor is shall subject the 104
lienor to judicial proceedings which may be brought by the 105
customer or person to compel compliance with the certificate. If 106
Whenever a customer or person brings an action to compel 107
compliance with the certificate, the customer or person must 108
need only establish all of the following that: 109
(a) That the bond in the amount on the notice of lien 110
required under s. 713.78(4) or on of the invoice, plus accrued 111
storage charges, if any, less any amount paid to the motor 112
vehicle repair shop as indicated on the invoice, was posted .; 113
(b) That a certificate was issued under pursuant to this 114
section.; 115
(c) That the motor vehicle repair shop or towing-storage 116
operator, or any employee or agent thereof who is authorized to 117
release the motor vehicle or vessel, received a copy of a 118
certificate issued under pursuant to this section.; and 119
(d) That the motor vehicle repair shop or towing-storage 120
operator, or an employee or agent thereof who is authorized to 121
release the motor vehicle or vessel, failed to release the motor 122
vehicle or vessel. 123
124
The customer or person of record claiming a lien against a motor 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
vehicle or vessel, upon a judgment in her or his favor in an 126
action brought under this subsection, may be entitled to damages 127
plus court costs and reasonable attorney fees sustained by her 128
or him by reason of such wrongful detention or retention. Upon a 129
judgment in favor of the motor vehicle repair shop or towing-130
storage operator, the shop or towing-storage operator may be 131
entitled to reasonable attorney fees. 132
(3) A motor vehicle repair shop or towing-storage operator 133
that, or an employee or agent thereof who is authorize d to 134
release the motor vehicle or vessel, who, upon receiving a copy 135
of a certificate giving notice of the posting of the bond in the 136
required amount and directing release of the motor vehicle or 137
vessel, fails to release or return the property to the custo mer 138
or person pursuant to this section commits a misdemeanor of the 139
second degree, punishable as provided in s. 775.082 or s. 140
775.083. 141
(4) A customer or person who stops payment on a credit 142
card charge or a check drawn in favor of a motor vehicle repair 143
shop on account of an invoice or who fails to post a cash or 144
surety bond under pursuant to this section is shall be 145
prohibited from any recourse under this section with respect to 146
the motor vehicle repair shop. 147
(5) For purposes of this section, the terms "towing-148
storage operator" and "vessel" have the same meanings as in s. 149
713.78(1). 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
Section 3. Subsections (1), (2), (4), (5), (6), (9), and 151
(10), paragraph (a) of subsection (11), paragraph (a) of 152
subsection (12), and paragraphs (a), (b), and (d) of su bsection 153
(13) of section 713.78, Florida Statutes, are amended, and 154
subsections (18) and (19) are added to that section, to read: 155
713.78 Liens for recovering, towing, or storing vehicles 156
and vessels.— 157
(1) For the purposes of this section, the term: 158
(a) "Department" means the Department of Highway Safety 159
and Motor Vehicles. 160
(b)(e) "Equivalent commercially available system" means a 161
service that charges a fee to provide vehicle information and 162
that at a minimum maintains records from those states 163
participating in data sharing with the National Motor Vehicle 164
Title Information System. 165
(c) "Good faith effort" means that all of the following 166
checks have been performed by a towing -storage company to 167
establish the prior state of registration and title of a vehicle 168
or vessel that has been towed or stored by the company: 169
1. A check of the department's database for the owner and 170
any lienholder. 171
2. A check of the electronic National Motor Vehicle Title 172
Information System or an equivalent commercially availab le 173
system to determine the state of registration when there is not 174
a current registration record for the vehicle or vessel on file 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
with the department. 176
3. A check of the vehicle or vessel for any type of tag, 177
tag record, temporary tag, or regular tag. 178
4. A check of the law enforcement report for a tag number 179
or other information identifying the vehicle or vessel, if the 180
vehicle or vessel was towed at the request of a law enforcement 181
officer. 182
5. A check of the trip sheet or tow ticket of the tow 183
truck operator to determine whether a tag was on the vehicle or 184
vessel at the beginning of the tow, if a private tow. 185
6. If there is no address of the owner on the impound 186
report, a check of the law enforcement report to determine 187
whether an out-of-state address is indicated from driver license 188
information. 189
7. A check of the vehicle or vessel for an inspection 190
sticker or other stickers and decals that may indicate a state 191
of possible registration. 192
8. A check of the interior of the vehicle or vessel for 193
any papers that may be in the glove box, trunk, or other areas 194
for a state of registration. 195
9. A check of the vehicle for a vehicle identification 196
number. 197
10. A check of the vessel for a vessel registration 198
number. 199
11. A check of the vessel hull for a hu ll identification 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
number which should be carved, burned, stamped, embossed, or 201
otherwise permanently affixed to the outboard side of the 202
transom or, if there is no transom, to the outmost seaboard side 203
at the end of the hull that bears the rudder or other steering 204
mechanism. 205
(d) "National Motor Vehicle Title Information System" 206
means the federally authorized electronic National Motor Vehicle 207
Title Information System. 208
(e) "Towing-storage operator" means a person who regularly 209
engages in the business of t ransporting vehicles or vessels by 210
wrecker, tow truck, or car carrier. 211
(f)(a) "Vehicle" means any mobile item, whether motorized 212
or not, which is mounted on wheels. 213
(g)(b) "Vessel" means every description of watercraft, 214
barge, and airboat used or capable of being used as a means of 215
transportation on water, other than a seaplane or a "documented 216
vessel" as defined in s. 327.02. 217
(h)(c) "Wrecker" means any truck or other ve hicle that 218
which is used to tow, carry, or otherwise transport motor 219
vehicles or vessels upon the streets and highways of this state 220
and which is equipped for that purpose with a boom, winch, car 221
carrier, or other similar equipment. 222
(2)(a) Whenever A towing-storage operator person regularly 223
engaged in the business of transporting vehicles or vessels by 224
wrecker, tow truck, or car carrier may charge only the following 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
fees for, or incidental to, the recovery, removal, or storage of 226
a vehicle or vessel: 227
1. A reasonable hazardous waste fee. 228
2. A reasonable fee for a service authorized by ordinance 229
of the county or municipality in which the service is performed. 230
3. A reasonable fee for a service authorized by rule of 231
the department. 232
4. A lien release administrative fee as set forth in 233
paragraph (15)(a). 234
5. A reasonable administrative fee or charge imposed by a 235
county or municipality upon the owner of a vehicle or vessel. 236
(b) If a towing-storage operator recovers, removes, or 237
stores a vehicle or ves sel upon instructions from: 238
1.(a) The owner thereof; 239
2.(b) The owner or lessor, or a person authorized by the 240
owner or lessor, of property on which such vehicle or vessel is 241
wrongfully parked, and the removal is done in compliance with s. 242
715.07; 243
3.(c) The landlord or a person authorized by the landlord, 244
when such motor vehicle or vessel remained on the premises after 245
the tenancy terminated and the removal is done in compliance 246
with s. 83.806 or s. 715.104; or 247
4.(d) Any law enforcement agency, 248
249
she or he has shall have a lien on the vehicle or vessel for a 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
reasonable recovery fee, a reasonable towing fee, for a 251
reasonable administrative fee or charge imposed by a county or 252
municipality, and for a reasonable storage fee; except that a 253
storage fee may not be charged if the vehicle or vessel is 254
stored for less fewer than 6 hours. 255
(c) A towing-storage operator must accept credit cards, 256
debit cards, or other electronic payment methods. 257
(4)(a) A towing-storage operator person regularly engaged 258
in the business of recovering, towing, or storing vehicles or 259
vessels who comes into possession of a vehicle or vessel 260
pursuant to paragraph (2)(b) subsection (2), and who claims a 261
lien for recovery, towing, or storage services, must shall give 262
notice, by certified mail, to the registered owner, the 263
insurance company insuring the vehicle notwithstanding s. 264
627.736, and all persons claiming a lien thereon, as disclosed 265
by the records in the department of Highway Safety and Motor 266
Vehicles or as disclosed by the record s of any corresponding 267
agency in any other state in which the vehicle is identified 268
through a records check of the National Motor Vehicle Title 269
Information System or an equivalent commercially available 270
system as being titled or registered. 271
(b) Whenever a law enforcement agency authorizes the 272
removal of a vehicle or vessel or whenever a towing service, 273
garage, repair shop, or automotive service, storage, or parking 274
place notifies the law enforcement agency of possession of a 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
vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 276
enforcement agency of the jurisdiction where the vehicle or 277
vessel is stored shall contact the Department of Highway Safety 278
and Motor Vehicles, or the appropriate agency of the state of 279
registration, if known, within 24 hours thr ough the medium of 280
electronic communications, giving the full description of the 281
vehicle or vessel. Upon receipt of the full description of the 282
vehicle or vessel, the department shall search its files to 283
determine the owner's name, the insurance company in suring the 284
vehicle or vessel, and whether any person has filed a lien upon 285
the vehicle or vessel as provided in s. 319.27(2) and (3) and 286
notify the applicable law enforcement agency within 72 hours. 287
The person in charge of the towing service, garage, repai r shop, 288
or automotive service, storage, or parking place shall obtain 289
such information from the applicable law enforcement agency 290
within 5 days after the date of storage and shall give notice 291
pursuant to paragraph (a). The department may release the 292
insurance company information to the requestor notwithstanding 293
s. 627.736. 294
(b)(c) The notice of lien must be sent by certified mail 295
to the registered owner, the insurance company insuring the 296
vehicle notwithstanding s. 627.736, and all other persons 297
claiming a lien thereon within 3 7 business days, excluding 298
Saturday and Sunday, after the date of storage of the vehicle or 299
vessel. However, in no event shall the notice of lien be sent 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
less than 30 days before the sale of the vehicle or vessel. The 301
notice must state all of the following : 302
1. If the claim of lien is for a vehicle, the last 8 303
digits of the vehicle identification number of the vehicle 304
subject to the lien, or, if the claim of lien is for a vessel, 305
the hull identification number of the vessel subject t o the 306
lien, clearly printed in the delivery address box and on the 307
outside of the envelope sent to the registered owner and all 308
other persons claiming an interest in therein or lien on the 309
vehicle or vessel thereon. 310
2. The name, physical address, and telephone number of the 311
lienor, and the entity name, as registered with the Division of 312
Corporations, of the business where the towing and storage 313
occurred, which must also appear on the outside of the envelope 314
sent to the registered owner and all other pe rsons claiming an 315
interest in or lien on the vehicle or vessel. 316
3. The fact of possession of the vehicle or vessel. 317
4. The name of the person or entity that authorized the 318
lienor to take possession of the vehicle or vessel. 319
5. That a lien as provided in paragraph (2)(b) subsection 320
(2) is claimed. 321
6. That charges have accrued and include an itemized 322
statement of the amount thereof. 323
7. That the lien is subject to enforcement under law and 324
that the owner or lienholder, if any, has the right to a hear ing 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
as set forth in subsection (5). 326
8. That any vehicle or vessel that remains unclaimed, or 327
for which the charges for recovery, towing, or storage services 328
remain unpaid, may be sold free of all prior liens 35 days after 329
the vehicle or vessel is stored by the lienor if the vehicle or 330
vessel is more than 3 years of age or 65 50 days after the 331
vehicle or vessel is stored by the lienor if the vehicle or 332
vessel is 3 years of age or less. 333
9. The address at which the vehicle or vessel is 334
physically located. 335
(c)(d) The notice of lien may not be sent to the 336
registered owner, the insurance company insuring the vehicle or 337
vessel, and all other persons claiming a lien thereon less than 338
30 days before the sale of a the vehicle or vessel that is more 339
than 3 years of age or less than 60 days before the sale of a 340
vehicle or vessel that is 3 years of age or less . 341
(d)(e) If attempts to locate the name and address of the 342
owner or lienholder are prove unsuccessful, the towing-storage 343
operator shall, after 3 7 business days, excluding Saturday and 344
Sunday, after the initial tow or storage, the towing-storage 345
operator must notify the public agency of jurisdiction where the 346
vehicle or vessel is stored in writing by certified mail or 347
acknowledged hand delivery that the towing-storage company has 348
been unable to locate the name and address of the owner or 349
lienholder and a physical search of the vehicle or vessel has 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
disclosed no ownership information and a good faith effort has 351
been made, including records checks of the departm ent of Highway 352
Safety and Motor Vehicles database and the National Motor 353
Vehicle Title Information System or an equivalent commercially 354
available system. For purposes of this paragraph and subsection 355
(9), the term "good faith effort" means that the followi ng 356
checks have been performed by the company to establish the prior 357
state of registration and for title: 358
1. A check of the department's database for the owner and 359
any lienholder. 360
2. A check of the electronic National Motor Vehicle Title 361
Information System or an equivalent commercially available 362
system to determine the state of registration when there is not 363
a current registration record for the vehicle or vessel on file 364
with the department. 365
3. A check of the vehicle or vessel for any type of tag, 366
tag record, temporary tag, or regular tag. 367
4. A check of the law enforcement report for a tag number 368
or other information identifying the vehicle or vessel, if the 369
vehicle or vessel was towed at the request of a law enforcement 370
officer. 371
5. A check of the trip sheet or tow ticket of the tow 372
truck operator to determine whether a tag was on the vehicle or 373
vessel at the beginning of the tow, if a private tow. 374
6. If there is no address of the owner on the impound 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
report, a check of the law enforcement report to determine 376
whether an out-of-state address is indicated from driver license 377
information. 378
7. A check of the vehicle or vessel for an inspection 379
sticker or other stickers and decals that may indicate a state 380
of possible registration. 381
8. A check of the interior of the vehicle or vessel for 382
any papers that may be in the glove box, trunk, or other areas 383
for a state of registration. 384
9. A check of the vehicle for a vehicle identification 385
number. 386
10. A check of the vessel for a vessel registration 387
number. 388
11. A check of the vessel hull for a hull identification 389
number which should be carved, burned, stamped, embossed, or 390
otherwise permanently affixed to the outboard side of the 391
transom or, if there is no transom, to the outmost seaboard side 392
at the end of the hull that bears the rudder or other steering 393
mechanism. 394
(5)(a) The owner of a vehicle or vessel removed pursuant 395
to paragraph (2)(b) subsection (2), or any person claiming a 396
lien, other than the towing -storage operator, within 10 days 397
after the time she or he has knowledge of the location of the 398
vehicle or vessel, may file a complaint in the county court of 399
the county in which the vehicle or vessel is stored to determine 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
whether her or his property was wrongfully taken or withheld. 401
(b) Regardless of whether a complaint is filed under 402
paragraph (a), At any time before the sale of the vehicle or 403
vessel, an owner or lienholder may have her or his vehicle or 404
vessel released upon payment of the applicable fee in s. 28.24 405
and posting with the court a cas h or surety bond, or other 406
adequate security, in accordance with s. 559.917 equal to the 407
amount of the charges for towing or storage and lot rental 408
amount to ensure the payment of such charges in the event she or 409
he does not prevail. Section 559.917 applie s to the release of a 410
lien on a vehicle, as defined in subsection (1), claimed by a 411
towing-storage operator for recovery, towing, or storage 412
charges. Upon the posting of the bond and the payment of the 413
applicable fee set forth in s. 28.24, the clerk of the court 414
shall issue a certificate notifying the lienor of the posting of 415
the bond and directing the lienor to release the vehicle or 416
vessel. At the time of such release, after reasonable 417
inspection, she or he shall give a receipt to the towing -storage 418
company reciting any claims she or he has for loss or damage to 419
the vehicle or vessel or the contents thereof. 420
(c) Upon determining the respective rights of the parties, 421
the court may award damages, attorney attorney's fees, and costs 422
in favor of the prevaili ng party. In the any event the lienor 423
prevails, the final order must shall provide for immediate 424
payment in full of recovery, towing, and storage fees by the 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
vehicle or vessel owner or lienholder; or the agency ordering 426
the tow; or the owner, lessee, or agent thereof of the property 427
from which the vehicle or vessel was removed. 428
(6) A vehicle or vessel that is stored pursuant to 429
paragraph (2)(b) subsection (2) and remains unclaimed, or for 430
which reasonable charges for recovery, towing, or storing remain 431
unpaid, and any contents not released pursuant to subsection 432
(10), may be sold by the owner or operator of the storage space 433
for such towing or storage charge 35 days after the vehicle or 434
vessel is stored by the lienor if the vehicle or vessel is more 435
than 3 years of age or 65 50 days after the vehicle or vessel is 436
stored by the lienor if the vehicle or vessel is 3 years of age 437
or less. The sale must shall be at public sale for cash. If the 438
date of the sale was not included in the notice required in 439
subsection (4), notice of the sale must shall be given to the 440
person in whose name the vehicle or vessel is registered and to 441
all persons claiming a lien on the vehicle or vessel as shown on 442
the records of the department of Highway Safety and Motor 443
Vehicles or of any corresponding agency in any other state in 444
which the vehicle is identified through a records check of the 445
National Motor Vehicle Title Information System or an equivalent 446
commercially available system as being titled. Notice of the 447
sale must be sent by certified mail to the owner of the vehicle 448
or vessel and the person having the recorded lien on the vehicle 449
or vessel at the address shown on the records of the registering 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
agency at least 30 days before the sale of the vehicle or 451
vessel. The notice must have clearly identified and printed, if 452
the claim of lien is for a motor vehicle, The last 8 digits of 453
the vehicle identification number of the motor vehicle subject 454
to the lien, or, if the claim of lien is for a vessel, the hull 455
identification number of the vessel subject to the lien, must be 456
clearly identified and printed in the delivery address box and 457
on the outside of the envelope sent to the registered owner and 458
all other persons claiming an interest in therein or lien on the 459
vehicle or vessel thereon. The notice must be sent to the owner 460
of the vehicle or vessel and the person having the recorded lien 461
on the vehicle or vessel at the address shown on the records of 462
the registering agency at least 30 days before the sale of the 463
vehicle or vessel. The notice must state the name, physical 464
address, and telephone number of the lienor, and the vehicle 465
identification number if the claim of lien is for a vehicle or 466
the hull identification number if the claim of lien is for a 467
vessel, all of which must also appe ar in the return address 468
section on the outside of the envelope containing the notice of 469
sale. After diligent search and inquiry, if the name and address 470
of the registered owner or the owner of the recorded lien cannot 471
be ascertained, the requirements of n otice by mail may be 472
dispensed with. In addition to the notice by mail, public notice 473
of the time and place of sale must shall be made by publishing a 474
notice thereof one time, at least 30 10 days before the date of 475
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the sale, in a newspaper of general circu lation in the county in 476
which the sale is to be held. The proceeds of the sale, after 477
payment of reasonable towing and storage charges, and costs of 478
the sale, in that order of priority, must shall be deposited 479
with the clerk of the circuit court for the co unty if the owner 480
or lienholder is absent, and the clerk shall hold such proceeds 481
subject to the claim of the owner or lienholder legally entitled 482
thereto. The clerk is shall be entitled to receive 5 percent of 483
such proceeds for the care and disbursement t hereof. Upon 484
compliance by the towing -storage operator with this section, The 485
certificate of title issued under this law shall be discharged 486
of all liens on the certificate of title issued under this 487
section must be discharged unless otherwise provided by court 488
order. The owner or lienholder may file a complaint after the 489
vehicle or vessel has been sold in the county court of the 490
county in which it is stored. Upon determining the respective 491
rights of the parties, the court may award damages, attorney 492
fees, and costs in favor of the prevailing party. 493
(9) Failure to make good faith efforts to substantially 494
comply with the notice requirements of this section or precludes 495
the imposition of any storage charges against the vehicle or 496
vessel. If a lienor fails to provide notice to a person claiming 497
a lien on a vehicle or vessel in accordance with subsection (4), 498
precludes the imposition of storage charges against the vehicle 499
or vessel the lienor may not charge the person for more than 3 7 500
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days of storage, but such failure does not affect charges made 501
for towing the vehicle or vessel or the priority of liens on the 502
vehicle or vessel. 503
(10)(a) A towing-storage operator Persons who provide 504
services pursuant to this section shall permit rental car 505
vehicle or vessel owners, lienholders, insurance company 506
representatives, or their agents, which agency is evidenced by 507
an original writing acknowledged by the owner before a notary 508
public or other person empowered by law to administer oaths, to 509
inspect the towed vehicle or vessel and shall release to the 510
owner, lienholder, or agent the vehicle , vessel, or all personal 511
property not affixed to the vehicle or vessel which was in the 512
vehicle or vessel at the time the vehicle or vessel came into 513
the custody of the towing-storage operator. For purposes of this 514
paragraph, a rental car agreement is not evidence that the 515
person who rented the vehicle is an agent of the owner of the 516
vehicle and a towing -storage operator may not release a vehicle 517
owned by a rental car company to the per son who rented the 518
vehicle unless the rental car company appoints the person who 519
rented the vehicle as its agent person providing such services . 520
(b) A towing-storage operator shall permit nonrental 521
vehicle or vessel owners, lienholders, insurance company 522
representatives, or their agents to inspect the towed vehicle or 523
vessel. The towing-storage operator must make the vehicle or 524
vessel available for inspection during regular business hours 525
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within 3 business days after receiving a written request to 526
inspect the vehicle or vessel and shall release to the owner, 527
lienholder, or agent the vehicle, vessel, or all personal 528
property not affixed to the vehicle or vessel which was in the 529
vehicle or vessel at the time the vehicle or vessel came into 530
the custody of the towing-storage operator. A towing -storage 531
operator must accept a copy of an electronic title or a paper 532
title as evidence of a person's interest in a vehicle or vessel. 533
(11)(a) A towing-storage operator Any person regularly 534
engaged in the business of re covering, towing, or storing 535
vehicles or vessels who comes into possession of a vehicle or 536
vessel pursuant to paragraph (2)(b) subsection (2) and who has 537
complied with the provisions of subsections (4) (3) and (6), 538
when such vehicle or vessel is to be sold for purposes of being 539
dismantled, destroyed, or changed in such manner that it is not 540
the motor vehicle or vessel described in the certificate of 541
title, must shall report the vehicle to the National Motor 542
Vehicle Title Information System and apply to the department of 543
Highway Safety and Motor Vehicles for a certificate of 544
destruction. A certificate of destruction, which authorizes the 545
dismantling or destruction of the vehicle or vessel described 546
therein, is shall be reassignable a maximum of two times befo re 547
dismantling or destruction of the vehicle is shall be required, 548
and must shall accompany the vehicle or vessel for which it is 549
issued, when such vehicle or vessel is sold for such purposes, 550
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in lieu of a certificate of title. The application for a 551
certificate of destruction must include proof of reporting to 552
the National Motor Vehicle Title Information System and an 553
affidavit from the applicant that she or he it has complied with 554
all applicable requirements of this section and, if the vehicle 555
or vessel is not registered in this state or any other state, by 556
a statement from a law enforcement officer that the vehicle or 557
vessel is not reported stolen, and must shall be accompanied by 558
such documentation as may be required by the department. 559
(12)(a) Any person who violates paragraph (2)(b) any 560
provision of subsection (1), subsection (2), subsection (4), 561
subsection (5), subsection (6), or subsection (7) is guilty of a 562
misdemeanor of the first degree, punishable as provided in s. 563
775.082 or s. 775.083. 564
(13)(a) Upon receipt by the department of Highway Safety 565
and Motor Vehicles of written notice from a wrecker operator who 566
claims a wrecker operator's lien under subparagraph (2)(b)4. 567
paragraph (2)(d) for recovery, towing, or storage of an 568
abandoned vehicle or ves sel upon instructions from any law 569
enforcement agency, for which a certificate of destruction has 570
been issued under subsection (11) and the vehicle has been 571
reported to the National Motor Vehicle Title Information System, 572
the department shall place the nam e of the registered owner of 573
that vehicle or vessel on the list of those persons who may not 574
be issued a license plate or revalidation sticker for any motor 575
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vehicle under s. 320.03(8). If the vehicle or vessel is owned 576
jointly by more than one person, the name of each registered 577
owner must shall be placed on the list. The notice of wrecker 578
operator's lien must shall be submitted on forms provided by the 579
department and, which must include all of the following : 580
1. The name, address, and telephone number of the wrecker 581
operator. 582
2. The name of the registered owner of the vehicle or 583
vessel and the address to which the wrecker operator provided 584
notice of the lien to the registered owner under subsection (4). 585
3. A general description of the vehicle or vessel , 586
including its color, make, model, body style, and year. 587
4. The vehicle identification number (VIN); registration 588
license plate number, state, and year; validation decal number, 589
state, and year; vessel registration number; hull identification 590
number; or other identification number, as applicable. 591
5. The name of the person or the corresponding law 592
enforcement agency that requested that the vehicle or vessel be 593
recovered, towed, or stored. 594
6. The amount of the wrecker operator's lien, not to 595
exceed the amount allowed by paragraph (b). 596
(b) For purposes of this subsection only, the amount of 597
the wrecker operator's lien for which the department will 598
prevent issuance of a license plate or revalidation sticker may 599
not exceed the amount of the charges for r ecovery, towing, and 600
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storage of the vehicle or vessel for 7 days. These charges may 601
not exceed the maximum rates imposed by the ordinances of the 602
respective county or municipality under ss. 125.0103(1)(c) and 603
166.043(1)(c). This paragraph does not limit th e amount of a 604
wrecker operator's lien claimed under paragraph (2)(b) 605
subsection (2) or prevent a wrecker operator from seeking civil 606
remedies for enforcement of the entire amount of the lien, but 607
limits only that portion of the lien for which the departmen t 608
will prevent issuance of a license plate or revalidation 609
sticker. 610
(d) Upon discharge of the amount of the wrecker operator's 611
lien allowed by paragraph (b), the wrecker operator must issue a 612
certificate of discharged wrecker operator's lien on forms 613
provided by the department to each registered owner of the 614
vehicle or vessel attesting that the amount of the wrecker 615
operator's lien allowed by paragraph (b) has been discharged. 616
Upon presentation of the certificate of discharged wrecker 617
operator's lien by t he registered owner, the department must 618
shall immediately remove the registered owner's name from the 619
list of those persons who may not be issued a license plate or 620
revalidation sticker for any motor vehicle under s. 320.03(8), 621
thereby allowing issuance o f a license plate or revalidation 622
sticker. Issuance of a certificate of discharged wrecker 623
operator's lien under this paragraph does not discharge the 624
entire amount of the wrecker operator's lien claimed under 625
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paragraph (2)(b) subsection (2), but only certifies to the 626
department that the amount of the wrecker operator's lien 627
allowed by paragraph (b), for which the department will prevent 628
issuance of a license plate or revalidation sticker, has been 629
discharged. 630
(18) A towing-storage operator must retain fo r 3 years 631
records produced for all vehicles or vessels recovered, towed, 632
stored, or released. Such records must include at least all of 633
the following: 634
(a) All notice publications and certified mailings. 635
(b) The purchase price of any unclaimed vehicle or vessel 636
sold. 637
(c) The name and address of any person to whom a vehicle 638
or vessel is released. 639
(d) The name and address of the purchaser of any unclaimed 640
vehicle or vessel. 641
(e) All fees imposed under this section. 642
(19) This section is the exclusive remedy for the 643
foreclosure of a storage lien placed on a vehicle or vessel 644
under s. 83.19, s. 83.805, or s. 677.210. 645
Section 4. Subsection (5) is added to section 83.19, 646
Florida Statutes, to read: 647
83.19 Sale of property distrained. — 648
(5) A lien on a vehicle or vessel, as those terms are 649
defined in s. 713.78(1), of a tenant or lessee must be 650
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foreclosed pursuant to s. 713.78 and may not be foreclosed under 651
this chapter. 652
Section 5. Section 83.805, Florida Statutes, is amended to 653
read: 654
83.805 Lien.— 655
(1) The owner of a self-service storage facility or self -656
contained storage unit and the owner's heirs, executors, 657
administrators, successors, and assigns have a lien upon all 658
personal property, whether or not owned by the tenant, located 659
at a self-service storage facility or in a self -contained 660
storage unit for rent, labor charges, or other charges, present 661
or future, in relation to the personal property and for expenses 662
necessary for its preservation or expenses reasonably incurred 663
in its sale or other disposition pursuant to ss. 83.801 -83.809. 664
The lien provided for in this section attaches as of the date 665
that the personal property is brought to the self -service 666
storage facility or as of the date the tenant takes possession 667
of the self-contained storage unit, and the priority of this 668
lien shall be the same as provided in s. 83.08; however, in the 669
event of default, the owner must give notice to persons who hold 670
perfected security interests under the Uniform Commercial Code 671
in which the tenant is named as the debtor. 672
(2) A lien on a vehicle or vessel, as those terms are 673
defined in s. 713.78(1), of a tenant or lessee must be 674
foreclosed pursuant to s. 713.78 and may not be foreclosed under 675
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this chapter. 676
Section 6. Subsection (10) of section 83 .806, Florida 677
Statutes, is amended to read: 678
83.806 Enforcement of lien. —An owner's lien as provided in 679
s. 83.805 may be satisfied as follows: 680
(10) If a lien is claimed on property that is a motor 681
vehicle or a watercraft and rent and other charges relat ed to 682
the property remain unpaid or unsatisfied for 60 days after the 683
maturity of the obligation to pay the rent and other charges, 684
the facility or unit owner may sell the property pursuant to s. 685
713.78 this section or have the property towed. If a motor 686
vehicle or watercraft is towed, the facility or unit owner is 687
not liable for the motor vehicle or watercraft or any damages to 688
the motor vehicle or watercraft once a wrecker takes possession 689
of the property. The wrecker taking possession of the property 690
must comply with all notification and sale requirements provided 691
in s. 713.78. 692
Section 7. Subsection (10) is added to section 677.210, 693
Florida Statutes, to read: 694
677.210 Enforcement of warehouse's lien. — 695
(10) A lien on a vehicle or vessel, as those te rms are 696
defined in s. 713.78(1), must be foreclosed pursuant to s. 697
713.78 and may not be foreclosed under this chapter. 698
Section 8. Paragraph (a) of subsection (2) of section 699
715.07, Florida Statutes, is amended to read: 700
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715.07 Vehicles or vessels par ked on private property; 701
towing.— 702
(2) The owner or lessee of real property, or any person 703
authorized by the owner or lessee, which person may be the 704
designated representative of the condominium association if the 705
real property is a condominium, may cause any vehicle or vessel 706
parked on such property without her or his permission to be 707
removed by a person regularly engaged in the business of towing 708
vehicles or vessels, without liability for the costs of removal, 709
transportation, or storage or damages caused by such removal, 710
transportation, or storage, under any of the following 711
circumstances: 712
(a) The towing or removal of any vehicle or vessel from 713
private property without the consent of the registered owner or 714
other legally authorized person in control of that vehicle or 715
vessel is subject to substantial compliance with the following 716
conditions and restrictions: 717
1.a. Any towed or removed vehicle or vessel must be stored 718
at a site within a 10 -mile radius of the point of removal in any 719
county of 500,000 popu lation or more, and within a 15 -mile 720
radius of the point of removal in any county of fewer than 721
500,000 population. That site must be open for the purpose of 722
redemption of vehicles on any day that the person or firm towing 723
such vehicle or vessel is open fo r towing purposes, from 8:00 724
a.m. to 6:00 p.m., and, when closed, shall have prominently 725
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posted a sign indicating a telephone number where the operator 726
of the site can be reached at all times. Upon receipt of a 727
telephoned request to open the site to redeem a vehicle or 728
vessel, the operator shall return to the site within 1 hour or 729
she or he will be in violation of this section. 730
b. If no towing business providing such service is located 731
within the area of towing limitations set forth in sub -732
subparagraph a., the following limitations apply: any towed or 733
removed vehicle or vessel must be stored at a site within a 20 -734
mile radius of the point of removal in any county of 500,000 735
population or more, and within a 30 -mile radius of the point of 736
removal in any count y of fewer than 500,000 population. 737
2. The person or firm towing or removing the vehicle or 738
vessel shall, within 30 minutes after completion of such towing 739
or removal, notify the municipal police department or, in an 740
unincorporated area, the sheriff, of such towing or removal, the 741
storage site, the time the vehicle or vessel was towed or 742
removed, and the make, model, color, and license plate number of 743
the vehicle or description and registration number of the vessel 744
and shall obtain the name of the person at that department to 745
whom such information was reported and note that name on the 746
trip record. 747
3. A person in the process of towing or removing a vehicle 748
or vessel from the premises or parking lot in which the vehicle 749
or vessel is not lawfully parked mu st stop when a person seeks 750
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the return of the vehicle or vessel. The vehicle or vessel must 751
be returned upon the payment of a reasonable service fee of not 752
more than one-half of the posted rate for the towing or removal 753
service as provided in subparagraph 6. The vehicle or vessel may 754
be towed or removed if, after a reasonable opportunity, the 755
owner or legally authorized person in control of the vehicle or 756
vessel is unable to pay the service fee. If the vehicle or 757
vessel is redeemed, a detailed signed receip t must be given to 758
the person redeeming the vehicle or vessel. 759
4. A person may not pay or accept money or other valuable 760
consideration for the privilege of towing or removing vehicles 761
or vessels from a particular location. 762
5. Except for property appurt enant to and obviously a part 763
of a single-family residence, and except for instances when 764
notice is personally given to the owner or other legally 765
authorized person in control of the vehicle or vessel that the 766
area in which that vehicle or vessel is parked is reserved or 767
otherwise unavailable for unauthorized vehicles or vessels and 768
that the vehicle or vessel is subject to being removed at the 769
owner's or operator's expense, any property owner or lessee, or 770
person authorized by the property owner or lessee, before towing 771
or removing any vehicle or vessel from private property without 772
the consent of the owner or other legally authorized person in 773
control of that vehicle or vessel, must post a notice meeting 774
the following requirements: 775
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a. The notice must be p rominently placed at each driveway 776
access or curb cut allowing vehicular access to the property 777
within 10 feet from the road, as defined in s. 334.03(22). If 778
there are no curbs or access barriers, the signs must be posted 779
not fewer than one sign for each 2 5 feet of lot frontage. 780
b. The notice must clearly indicate, in not fewer than 2 -781
inch high, light-reflective letters on a contrasting background, 782
that unauthorized vehicles will be towed away at the owner's 783
expense. The words "tow -away zone" must be incl uded on the sign 784
in not fewer than 4-inch high letters. 785
c. The notice must also provide the name and current 786
telephone number of the person or firm towing or removing the 787
vehicles or vessels. 788
d. The sign structure containing the required notices must 789
be permanently installed with the words "tow -away zone" not 790
fewer than 3 feet and not more than 6 feet above ground level 791
and must be continuously maintained on the property for not 792
fewer than 24 hours before the towing or removal of any vehicles 793
or vessels. 794
e. The local government may require permitting and 795
inspection of these signs before any towing or removal of 796
vehicles or vessels being authorized. 797
f. A business with 20 or fewer parking spaces satisfies 798
the notice requirements of this subparagraph b y prominently 799
displaying a sign stating "Reserved Parking for Customers Only 800
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Unauthorized Vehicles or Vessels Will be Towed Away At the 801
Owner's Expense" in not fewer than 4 -inch high, light-reflective 802
letters on a contrasting background. 803
g. A property owner towing or removing vessels from real 804
property must post notice, consistent with the requirements in 805
sub-subparagraphs a.-f., which apply to vehicles, that 806
unauthorized vehicles or vessels will be towed away at the 807
owner's expense. 808
809
A business owner or lessee may authorize the removal of a 810
vehicle or vessel by a towing company when the vehicle or vessel 811
is parked in such a manner that restricts the normal operation 812
of business; and if a vehicle or vessel parked on a public 813
right-of-way obstructs access t o a private driveway the owner, 814
lessee, or agent may have the vehicle or vessel removed by a 815
towing company upon signing an order that the vehicle or vessel 816
be removed without a posted tow -away zone sign. 817
6. Any person or firm that tows or removes vehicl es or 818
vessels and proposes to require an owner, operator, or person in 819
control or custody of a vehicle or vessel to pay the costs of 820
towing and storage before redemption of the vehicle or vessel 821
must file and keep on record with the local law enforcement 822
agency a complete copy of the current rates to be charged for 823
such services and post at the storage site an identical rate 824
schedule and any written contracts with property owners, 825
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lessees, or persons in control of property which authorize such 826
person or firm to remove vehicles or vessels as provided in this 827
section. 828
7. Any person or firm towing or removing any vehicles or 829
vessels from private property without the consent of the owner 830
or other legally authorized person in control or custody of the 831
vehicles or vessels shall, on any trucks, wreckers as defined in 832
s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 833
towing or removal, have the name, address, and telephone number 834
of the company performing such service clearly printed in 835
contrasting colors on the driver and passenger sides of the 836
vehicle. The name shall be in at least 3 -inch permanently 837
affixed letters, and the address and telephone number shall be 838
in at least 1-inch permanently affixed letters. 839
8. Vehicle entry for the purpose of removin g the vehicle 840
or vessel shall be allowed with reasonable care on the part of 841
the person or firm towing the vehicle or vessel. Such person or 842
firm shall be liable for any damage occasioned to the vehicle or 843
vessel if such entry is not in accordance with the standard of 844
reasonable care. 845
9. When a vehicle or vessel has been towed or removed 846
pursuant to this section, it must be released to its owner or 847
person in control or custody within 1 hour after requested. Any 848
vehicle or vessel owner or person in control or custody has the 849
right to inspect the vehicle or vessel before accepting its 850
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return, and no release or waiver of any kind which would release 851
the person or firm towing the vehicle or vessel from liability 852
for damages noted by the owner or person in cont rol or custody 853
at the time of the redemption may be required from any vehicle 854
or vessel owner or person in control or custody as a condition 855
of release of the vehicle or vessel to its owner or person in 856
control or custody. A detailed receipt showing the le gal name of 857
the company or person towing or removing the vehicle or vessel 858
must be given to the person paying towing or storage charges at 859
the time of payment, whether requested or not. 860
Section 9. This act shall take effect July 1, 2024. 861