Florida 2024 Regular Session

Florida House Bill H0199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	HB 199 2024
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5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0199-00
9	9	Page 1 of 35
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to wrecker and towing -storage 2
16	16	operators; amending s. 321.051, F.S.; prohibiting the 3
17	17	Division of the Florida Highway Patrol from excluding 4
18	18	wrecker operators from the wrecker operator system or 5
19	19	from being designated as an authorized wrecker 6
20	20	operator based solely on a prior felony conviction; 7
21	21	providing an exception; amending s. 559.917, F.S.; 8
22	22	providing procedures and requirements for acquiring a 9
23	23	bond to release certain liens; authorizing the award 10
24	24	of court costs and attorney fees for certain cu stomers 11
25	25	or persons under certain circumstances; providing 12
26	26	definitions; amending s. 713.78, F.S.; providing 13
27	27	definitions; authorizing a towing -storage operator to 14
28	28	charge certain fees; providing that a lien can only be 15
29	29	placed on specified fees; requiring a to wing-storage 16
30	30	operator to accept specified payment methods; removing 17
31	31	certain requirements for law enforcement agencies and 18
32	32	the Department of Highway Safety and Motor Vehicles; 19
33	33	revising the timeframe in which certain unclaimed 20
34	34	vehicles or vessels may be sold ; revising the 21
35	35	timeframe in which a notice of lien must be sent for 22
36	36	certain unclaimed vehicles or vessels; revising the 23
37	37	timeframe in which a towing -storage operator must 24
38	38	provide certain notice to the public agency of 25
39	39
40	40	HB 199 2024
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0199-00
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47	47	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
48	48
49	49
50	50
51	51	jurisdiction; requiring that such notic e be sent by 26
52	52	certified mail; requiring the posting of a bond or 27
53	53	other security be done in a specified manner; revising 28
54	54	the timeframe in which public notice of the sale of a 29
55	55	vehicle or vessel must be published; providing 30
56	56	applicability; requiring the immedia te payment of 31
57	57	certain fees if a lienor prevails in court; requiring 32
58	58	certain liens be discharged if a towing -storage 33
59	59	operator complies with certain requirements; 34
60	60	restricting the imposition of storage charges under 35
61	61	certain circumstances; requiring a towing -storage 36
62	62	operator to allow certain persons to inspect a rental 37
63	63	car; prohibiting a towing -storage operator from 38
64	64	releasing certain vehicles under certain 39
65	65	circumstances; requiring a towing -storage operator to 40
66	66	allow certain persons to inspect certain towed 41
67	67	vehicles and vessels; requiring a towing -storage 42
68	68	operator to release such vehicles and vessels within a 43
69	69	specified timeframe; requiring certain documentation 44
70	70	as evidence of a person's interest in a vehicle or 45
71	71	vessel; revising the amount a lienor may charge as an 46
72	72	administrative fee; requiring a towing -storage 47
73	73	operator to maintain certain records for a specified 48
74	74	amount of time; providing the exclusive remedy for 49
75	75	certain liens; conforming cross -references; making 50
76	76
77	77	HB 199 2024
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0199-00
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84	84	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
85	85
86	86
87	87
88	88	technical changes; amending ss. 83.19, 83.805, 83.806 , 51
89	89	and 677.210, F.S.; conforming provisions to changes 52
90	90	made by the act; amending s. 715.07, F.S.; conforming 53
91	91	a cross-reference; providing an effective date. 54
92	92	55
93	93	Be It Enacted by the Legislature of the State of Florida: 56
94	94	57
95	95	Section 1. Subsection (4) of sec tion 321.051, Florida 58
96	96	Statutes, is renumbered as subsection (5) and a new subsection 59
97	97	(4) is added to that section, to read: 60
98	98	321.051 Florida Highway Patrol wrecker operator system; 61
99	99	penalties for operation outside of system. — 62
100	100	(4) The Division of the Flor ida Highway Patrol may not 63
101	101	exclude a wrecker operator from the wrecker operator system or 64
102	102	fail to designate him or her as an authorized wrecker operator 65
103	103	based solely on a prior felony conviction, unless such 66
104	104	conviction is for a forcible felony as defined i n s. 776.08. 67
105	105	Section 2. Section 559.917, Florida Statutes, is amended 68
106	106	to read: 69
107	107	559.917 Bond to release possessory lien claimed by motor 70
108	108	vehicle repair shop or towing-storage operator.— 71
109	109	(1)(a) A customer or a person of record claiming a lien 72
110	110	against a motor vehicle or vessel may obtain the release of the 73
111	111	motor vehicle or vessel from any lien claimed under part II of 74
112	112	chapter 713 by a motor vehicle repair shop for repair work 75
113	113
114	114	HB 199 2024
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0199-00
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121	121	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
122	122
123	123
124	124
125	125	performed under a written repair estimate or by a towing-storage 76
126	126	operator for recovery, towing, or storage charges by filing with 77
127	127	the clerk of the court in the circuit in which the disputed 78
128	128	transaction occurred a cash or surety bond, payable to the 79
129	129	person claiming the lien and conditioned for the payment of any 80
130	130	judgment which may b e entered on the lien. The bond must shall 81
131	131	be in the amount stated on the notice of lien required under s. 82
132	132	713.78(4) or on the invoice required by s. 559.911, plus accrued 83
133	133	storage charges, if any, less any amount paid to the motor 84
134	134	vehicle repair shop as in dicated on the invoice. The customer or 85
135	135	person is shall not be required to institute judicial 86
136	136	proceedings in order to post the bond in the registry of the 87
137	137	court and is shall not be required to use a particular form for 88
138	138	posting the bond unless the clerk pro vides such form to the 89
139	139	customer or person for filing. Upon the posting of such bond, 90
140	140	the clerk of the court shall automatically issue a certificate 91
141	141	notifying the lienor of the posting of the bond and directing 92
142	142	the lienor to release the motor vehicle or vessel. 93
143	143	(b) The lienor has shall have 60 days to file suit to 94
144	144	recover the bond. The prevailing party in that action may be 95
145	145	entitled to damages plus court costs and reasonable attorney 96
146	146	fees. If the lienor fails to file suit within 60 days after the 97
147	147	posting of such bond, the bond must shall be discharged by the 98
148	148	clerk. 99
149	149	(2) If the failure of a lienor fails to release or return 100
150	150
151	151	HB 199 2024
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0199-00
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158	158	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
159	159
160	160
161	161
162	162	to the customer or person the motor vehicle or vessel upon which 101
163	163	any lien is claimed, upon receiving a copy of a certificate 102
164	164	giving notice of the posting of the bond and directing release 103
165	165	of the motor vehicle or vessel, the lienor is shall subject the 104
166	166	lienor to judicial proceedings which may be brought by the 105
167	167	customer or person to compel compliance with the certificate. If 106
168	168	Whenever a customer or person brings an action to compel 107
169	169	compliance with the certificate, the customer or person must 108
170	170	need only establish all of the following that: 109
171	171	(a) That the bond in the amount on the notice of lien 110
172	172	required under s. 713.78(4) or on of the invoice, plus accrued 111
173	173	storage charges, if any, less any amount paid to the motor 112
174	174	vehicle repair shop as indicated on the invoice, was posted .; 113
175	175	(b) That a certificate was issued under pursuant to this 114
176	176	section.; 115
177	177	(c) That the motor vehicle repair shop or towing-storage 116
178	178	operator, or any employee or agent thereof who is authorized to 117
179	179	release the motor vehicle or vessel, received a copy of a 118
180	180	certificate issued under pursuant to this section.; and 119
181	181	(d) That the motor vehicle repair shop or towing-storage 120
182	182	operator, or an employee or agent thereof who is authorized to 121
183	183	release the motor vehicle or vessel, failed to release the motor 122
184	184	vehicle or vessel. 123
185	185	124
186	186	The customer or person of record claiming a lien against a motor 125
187	187
188	188	HB 199 2024
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0199-00
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195	195	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
196	196
197	197
198	198
199	199	vehicle or vessel, upon a judgment in her or his favor in an 126
200	200	action brought under this subsection, may be entitled to damages 127
201	201	plus court costs and reasonable attorney fees sustained by her 128
202	202	or him by reason of such wrongful detention or retention. Upon a 129
203	203	judgment in favor of the motor vehicle repair shop or towing-130
204	204	storage operator, the shop or towing-storage operator may be 131
205	205	entitled to reasonable attorney fees. 132
206	206	(3) A motor vehicle repair shop or towing-storage operator 133
207	207	that, or an employee or agent thereof who is authorize d to 134
208	208	release the motor vehicle or vessel, who, upon receiving a copy 135
209	209	of a certificate giving notice of the posting of the bond in the 136
210	210	required amount and directing release of the motor vehicle or 137
211	211	vessel, fails to release or return the property to the custo mer 138
212	212	or person pursuant to this section commits a misdemeanor of the 139
213	213	second degree, punishable as provided in s. 775.082 or s. 140
214	214	775.083. 141
215	215	(4) A customer or person who stops payment on a credit 142
216	216	card charge or a check drawn in favor of a motor vehicle repair 143
217	217	shop on account of an invoice or who fails to post a cash or 144
218	218	surety bond under pursuant to this section is shall be 145
219	219	prohibited from any recourse under this section with respect to 146
220	220	the motor vehicle repair shop. 147
221	221	(5) For purposes of this section, the terms "towing-148
222	222	storage operator" and "vessel" have the same meanings as in s. 149
223	223	713.78(1). 150
224	224
225	225	HB 199 2024
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0199-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	Section 3. Subsections (1), (2), (4), (5), (6), (9), and 151
237	237	(10), paragraph (a) of subsection (11), paragraph (a) of 152
238	238	subsection (12), and paragraphs (a), (b), and (d) of su bsection 153
239	239	(13) of section 713.78, Florida Statutes, are amended, and 154
240	240	subsections (18) and (19) are added to that section, to read: 155
241	241	713.78 Liens for recovering, towing, or storing vehicles 156
242	242	and vessels.— 157
243	243	(1) For the purposes of this section, the term: 158
244	244	(a) "Department" means the Department of Highway Safety 159
245	245	and Motor Vehicles. 160
246	246	(b)(e) "Equivalent commercially available system" means a 161
247	247	service that charges a fee to provide vehicle information and 162
248	248	that at a minimum maintains records from those states 163
249	249	participating in data sharing with the National Motor Vehicle 164
250	250	Title Information System. 165
251	251	(c) "Good faith effort" means that all of the following 166
252	252	checks have been performed by a towing -storage company to 167
253	253	establish the prior state of registration and title of a vehicle 168
254	254	or vessel that has been towed or stored by the company: 169
255	255	1. A check of the department's database for the owner and 170
256	256	any lienholder. 171
257	257	2. A check of the electronic National Motor Vehicle Title 172
258	258	Information System or an equivalent commercially availab le 173
259	259	system to determine the state of registration when there is not 174
260	260	a current registration record for the vehicle or vessel on file 175
261	261
262	262	HB 199 2024
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264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0199-00
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269	269	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
270	270
271	271
272	272
273	273	with the department. 176
274	274	3. A check of the vehicle or vessel for any type of tag, 177
275	275	tag record, temporary tag, or regular tag. 178
276	276	4. A check of the law enforcement report for a tag number 179
277	277	or other information identifying the vehicle or vessel, if the 180
278	278	vehicle or vessel was towed at the request of a law enforcement 181
279	279	officer. 182
280	280	5. A check of the trip sheet or tow ticket of the tow 183
281	281	truck operator to determine whether a tag was on the vehicle or 184
282	282	vessel at the beginning of the tow, if a private tow. 185
283	283	6. If there is no address of the owner on the impound 186
284	284	report, a check of the law enforcement report to determine 187
285	285	whether an out-of-state address is indicated from driver license 188
286	286	information. 189
287	287	7. A check of the vehicle or vessel for an inspection 190
288	288	sticker or other stickers and decals that may indicate a state 191
289	289	of possible registration. 192
290	290	8. A check of the interior of the vehicle or vessel for 193
291	291	any papers that may be in the glove box, trunk, or other areas 194
292	292	for a state of registration. 195
293	293	9. A check of the vehicle for a vehicle identification 196
294	294	number. 197
295	295	10. A check of the vessel for a vessel registration 198
296	296	number. 199
297	297	11. A check of the vessel hull for a hu ll identification 200
298	298
299	299	HB 199 2024
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301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0199-00
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306	306	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
307	307
308	308
309	309
310	310	number which should be carved, burned, stamped, embossed, or 201
311	311	otherwise permanently affixed to the outboard side of the 202
312	312	transom or, if there is no transom, to the outmost seaboard side 203
313	313	at the end of the hull that bears the rudder or other steering 204
314	314	mechanism. 205
315	315	(d) "National Motor Vehicle Title Information System" 206
316	316	means the federally authorized electronic National Motor Vehicle 207
317	317	Title Information System. 208
318	318	(e) "Towing-storage operator" means a person who regularly 209
319	319	engages in the business of t ransporting vehicles or vessels by 210
320	320	wrecker, tow truck, or car carrier. 211
321	321	(f)(a) "Vehicle" means any mobile item, whether motorized 212
322	322	or not, which is mounted on wheels. 213
323	323	(g)(b) "Vessel" means every description of watercraft, 214
324	324	barge, and airboat used or capable of being used as a means of 215
325	325	transportation on water, other than a seaplane or a "documented 216
326	326	vessel" as defined in s. 327.02. 217
327	327	(h)(c) "Wrecker" means any truck or other ve hicle that 218
328	328	which is used to tow, carry, or otherwise transport motor 219
329	329	vehicles or vessels upon the streets and highways of this state 220
330	330	and which is equipped for that purpose with a boom, winch, car 221
331	331	carrier, or other similar equipment. 222
332	332	(2)(a) Whenever A towing-storage operator person regularly 223
333	333	engaged in the business of transporting vehicles or vessels by 224
334	334	wrecker, tow truck, or car carrier may charge only the following 225
335	335
336	336	HB 199 2024
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338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb0199-00
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	fees for, or incidental to, the recovery, removal, or storage of 226
348	348	a vehicle or vessel: 227
349	349	1. A reasonable hazardous waste fee. 228
350	350	2. A reasonable fee for a service authorized by ordinance 229
351	351	of the county or municipality in which the service is performed. 230
352	352	3. A reasonable fee for a service authorized by rule of 231
353	353	the department. 232
354	354	4. A lien release administrative fee as set forth in 233
355	355	paragraph (15)(a). 234
356	356	5. A reasonable administrative fee or charge imposed by a 235
357	357	county or municipality upon the owner of a vehicle or vessel. 236
358	358	(b) If a towing-storage operator recovers, removes, or 237
359	359	stores a vehicle or ves sel upon instructions from: 238
360	360	1.(a) The owner thereof; 239
361	361	2.(b) The owner or lessor, or a person authorized by the 240
362	362	owner or lessor, of property on which such vehicle or vessel is 241
363	363	wrongfully parked, and the removal is done in compliance with s. 242
364	364	715.07; 243
365	365	3.(c) The landlord or a person authorized by the landlord, 244
366	366	when such motor vehicle or vessel remained on the premises after 245
367	367	the tenancy terminated and the removal is done in compliance 246
368	368	with s. 83.806 or s. 715.104; or 247
369	369	4.(d) Any law enforcement agency, 248
370	370	249
371	371	she or he has shall have a lien on the vehicle or vessel for a 250
372	372
373	373	HB 199 2024
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375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb0199-00
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380	380	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
381	381
382	382
383	383
384	384	reasonable recovery fee, a reasonable towing fee, for a 251
385	385	reasonable administrative fee or charge imposed by a county or 252
386	386	municipality, and for a reasonable storage fee; except that a 253
387	387	storage fee may not be charged if the vehicle or vessel is 254
388	388	stored for less fewer than 6 hours. 255
389	389	(c) A towing-storage operator must accept credit cards, 256
390	390	debit cards, or other electronic payment methods. 257
391	391	(4)(a) A towing-storage operator person regularly engaged 258
392	392	in the business of recovering, towing, or storing vehicles or 259
393	393	vessels who comes into possession of a vehicle or vessel 260
394	394	pursuant to paragraph (2)(b) subsection (2), and who claims a 261
395	395	lien for recovery, towing, or storage services, must shall give 262
396	396	notice, by certified mail, to the registered owner, the 263
397	397	insurance company insuring the vehicle notwithstanding s. 264
398	398	627.736, and all persons claiming a lien thereon, as disclosed 265
399	399	by the records in the department of Highway Safety and Motor 266
400	400	Vehicles or as disclosed by the record s of any corresponding 267
401	401	agency in any other state in which the vehicle is identified 268
402	402	through a records check of the National Motor Vehicle Title 269
403	403	Information System or an equivalent commercially available 270
404	404	system as being titled or registered. 271
405	405	(b) Whenever a law enforcement agency authorizes the 272
406	406	removal of a vehicle or vessel or whenever a towing service, 273
407	407	garage, repair shop, or automotive service, storage, or parking 274
408	408	place notifies the law enforcement agency of possession of a 275
409	409
410	410	HB 199 2024
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414	414	CODING: Words stricken are deletions; words underlined are additions.
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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420	420
421	421	vehicle or vessel pursuant to s. 715.07(2)(a)2., the law 276
422	422	enforcement agency of the jurisdiction where the vehicle or 277
423	423	vessel is stored shall contact the Department of Highway Safety 278
424	424	and Motor Vehicles, or the appropriate agency of the state of 279
425	425	registration, if known, within 24 hours thr ough the medium of 280
426	426	electronic communications, giving the full description of the 281
427	427	vehicle or vessel. Upon receipt of the full description of the 282
428	428	vehicle or vessel, the department shall search its files to 283
429	429	determine the owner's name, the insurance company in suring the 284
430	430	vehicle or vessel, and whether any person has filed a lien upon 285
431	431	the vehicle or vessel as provided in s. 319.27(2) and (3) and 286
432	432	notify the applicable law enforcement agency within 72 hours. 287
433	433	The person in charge of the towing service, garage, repai r shop, 288
434	434	or automotive service, storage, or parking place shall obtain 289
435	435	such information from the applicable law enforcement agency 290
436	436	within 5 days after the date of storage and shall give notice 291
437	437	pursuant to paragraph (a). The department may release the 292
438	438	insurance company information to the requestor notwithstanding 293
439	439	s. 627.736. 294
440	440	(b)(c) The notice of lien must be sent by certified mail 295
441	441	to the registered owner, the insurance company insuring the 296
442	442	vehicle notwithstanding s. 627.736, and all other persons 297
443	443	claiming a lien thereon within 3 7 business days, excluding 298
444	444	Saturday and Sunday, after the date of storage of the vehicle or 299
445	445	vessel. However, in no event shall the notice of lien be sent 300
446	446
447	447	HB 199 2024
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449	449
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451	451	CODING: Words stricken are deletions; words underlined are additions.
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456	456
457	457
458	458	less than 30 days before the sale of the vehicle or vessel. The 301
459	459	notice must state all of the following : 302
460	460	1. If the claim of lien is for a vehicle, the last 8 303
461	461	digits of the vehicle identification number of the vehicle 304
462	462	subject to the lien, or, if the claim of lien is for a vessel, 305
463	463	the hull identification number of the vessel subject t o the 306
464	464	lien, clearly printed in the delivery address box and on the 307
465	465	outside of the envelope sent to the registered owner and all 308
466	466	other persons claiming an interest in therein or lien on the 309
467	467	vehicle or vessel thereon. 310
468	468	2. The name, physical address, and telephone number of the 311
469	469	lienor, and the entity name, as registered with the Division of 312
470	470	Corporations, of the business where the towing and storage 313
471	471	occurred, which must also appear on the outside of the envelope 314
472	472	sent to the registered owner and all other pe rsons claiming an 315
473	473	interest in or lien on the vehicle or vessel. 316
474	474	3. The fact of possession of the vehicle or vessel. 317
475	475	4. The name of the person or entity that authorized the 318
476	476	lienor to take possession of the vehicle or vessel. 319
477	477	5. That a lien as provided in paragraph (2)(b) subsection 320
478	478	(2) is claimed. 321
479	479	6. That charges have accrued and include an itemized 322
480	480	statement of the amount thereof. 323
481	481	7. That the lien is subject to enforcement under law and 324
482	482	that the owner or lienholder, if any, has the right to a hear ing 325
483	483
484	484	HB 199 2024
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487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
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491	491	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
492	492
493	493
494	494
495	495	as set forth in subsection (5). 326
496	496	8. That any vehicle or vessel that remains unclaimed, or 327
497	497	for which the charges for recovery, towing, or storage services 328
498	498	remain unpaid, may be sold free of all prior liens 35 days after 329
499	499	the vehicle or vessel is stored by the lienor if the vehicle or 330
500	500	vessel is more than 3 years of age or 65 50 days after the 331
501	501	vehicle or vessel is stored by the lienor if the vehicle or 332
502	502	vessel is 3 years of age or less. 333
503	503	9. The address at which the vehicle or vessel is 334
504	504	physically located. 335
505	505	(c)(d) The notice of lien may not be sent to the 336
506	506	registered owner, the insurance company insuring the vehicle or 337
507	507	vessel, and all other persons claiming a lien thereon less than 338
508	508	30 days before the sale of a the vehicle or vessel that is more 339
509	509	than 3 years of age or less than 60 days before the sale of a 340
510	510	vehicle or vessel that is 3 years of age or less . 341
511	511	(d)(e) If attempts to locate the name and address of the 342
512	512	owner or lienholder are prove unsuccessful, the towing-storage 343
513	513	operator shall, after 3 7 business days, excluding Saturday and 344
514	514	Sunday, after the initial tow or storage, the towing-storage 345
515	515	operator must notify the public agency of jurisdiction where the 346
516	516	vehicle or vessel is stored in writing by certified mail or 347
517	517	acknowledged hand delivery that the towing-storage company has 348
518	518	been unable to locate the name and address of the owner or 349
519	519	lienholder and a physical search of the vehicle or vessel has 350
520	520
521	521	HB 199 2024
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb0199-00
527	527	Page 15 of 35
528	528	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
529	529
530	530
531	531
532	532	disclosed no ownership information and a good faith effort has 351
533	533	been made, including records checks of the departm ent of Highway 352
534	534	Safety and Motor Vehicles database and the National Motor 353
535	535	Vehicle Title Information System or an equivalent commercially 354
536	536	available system. For purposes of this paragraph and subsection 355
537	537	(9), the term "good faith effort" means that the followi ng 356
538	538	checks have been performed by the company to establish the prior 357
539	539	state of registration and for title: 358
540	540	1. A check of the department's database for the owner and 359
541	541	any lienholder. 360
542	542	2. A check of the electronic National Motor Vehicle Title 361
543	543	Information System or an equivalent commercially available 362
544	544	system to determine the state of registration when there is not 363
545	545	a current registration record for the vehicle or vessel on file 364
546	546	with the department. 365
547	547	3. A check of the vehicle or vessel for any type of tag, 366
548	548	tag record, temporary tag, or regular tag. 367
549	549	4. A check of the law enforcement report for a tag number 368
550	550	or other information identifying the vehicle or vessel, if the 369
551	551	vehicle or vessel was towed at the request of a law enforcement 370
552	552	officer. 371
553	553	5. A check of the trip sheet or tow ticket of the tow 372
554	554	truck operator to determine whether a tag was on the vehicle or 373
555	555	vessel at the beginning of the tow, if a private tow. 374
556	556	6. If there is no address of the owner on the impound 375
557	557
558	558	HB 199 2024
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0199-00
564	564	Page 16 of 35
565	565	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
566	566
567	567
568	568
569	569	report, a check of the law enforcement report to determine 376
570	570	whether an out-of-state address is indicated from driver license 377
571	571	information. 378
572	572	7. A check of the vehicle or vessel for an inspection 379
573	573	sticker or other stickers and decals that may indicate a state 380
574	574	of possible registration. 381
575	575	8. A check of the interior of the vehicle or vessel for 382
576	576	any papers that may be in the glove box, trunk, or other areas 383
577	577	for a state of registration. 384
578	578	9. A check of the vehicle for a vehicle identification 385
579	579	number. 386
580	580	10. A check of the vessel for a vessel registration 387
581	581	number. 388
582	582	11. A check of the vessel hull for a hull identification 389
583	583	number which should be carved, burned, stamped, embossed, or 390
584	584	otherwise permanently affixed to the outboard side of the 391
585	585	transom or, if there is no transom, to the outmost seaboard side 392
586	586	at the end of the hull that bears the rudder or other steering 393
587	587	mechanism. 394
588	588	(5)(a) The owner of a vehicle or vessel removed pursuant 395
589	589	to paragraph (2)(b) subsection (2), or any person claiming a 396
590	590	lien, other than the towing -storage operator, within 10 days 397
591	591	after the time she or he has knowledge of the location of the 398
592	592	vehicle or vessel, may file a complaint in the county court of 399
593	593	the county in which the vehicle or vessel is stored to determine 400
594	594
595	595	HB 199 2024
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0199-00
601	601	Page 17 of 35
602	602	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
603	603
604	604
605	605
606	606	whether her or his property was wrongfully taken or withheld. 401
607	607	(b) Regardless of whether a complaint is filed under 402
608	608	paragraph (a), At any time before the sale of the vehicle or 403
609	609	vessel, an owner or lienholder may have her or his vehicle or 404
610	610	vessel released upon payment of the applicable fee in s. 28.24 405
611	611	and posting with the court a cas h or surety bond, or other 406
612	612	adequate security, in accordance with s. 559.917 equal to the 407
613	613	amount of the charges for towing or storage and lot rental 408
614	614	amount to ensure the payment of such charges in the event she or 409
615	615	he does not prevail. Section 559.917 applie s to the release of a 410
616	616	lien on a vehicle, as defined in subsection (1), claimed by a 411
617	617	towing-storage operator for recovery, towing, or storage 412
618	618	charges. Upon the posting of the bond and the payment of the 413
619	619	applicable fee set forth in s. 28.24, the clerk of the court 414
620	620	shall issue a certificate notifying the lienor of the posting of 415
621	621	the bond and directing the lienor to release the vehicle or 416
622	622	vessel. At the time of such release, after reasonable 417
623	623	inspection, she or he shall give a receipt to the towing -storage 418
624	624	company reciting any claims she or he has for loss or damage to 419
625	625	the vehicle or vessel or the contents thereof. 420
626	626	(c) Upon determining the respective rights of the parties, 421
627	627	the court may award damages, attorney attorney's fees, and costs 422
628	628	in favor of the prevaili ng party. In the any event the lienor 423
629	629	prevails, the final order must shall provide for immediate 424
630	630	payment in full of recovery, towing, and storage fees by the 425
631	631
632	632	HB 199 2024
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0199-00
638	638	Page 18 of 35
639	639	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
640	640
641	641
642	642
643	643	vehicle or vessel owner or lienholder; or the agency ordering 426
644	644	the tow; or the owner, lessee, or agent thereof of the property 427
645	645	from which the vehicle or vessel was removed. 428
646	646	(6) A vehicle or vessel that is stored pursuant to 429
647	647	paragraph (2)(b) subsection (2) and remains unclaimed, or for 430
648	648	which reasonable charges for recovery, towing, or storing remain 431
649	649	unpaid, and any contents not released pursuant to subsection 432
650	650	(10), may be sold by the owner or operator of the storage space 433
651	651	for such towing or storage charge 35 days after the vehicle or 434
652	652	vessel is stored by the lienor if the vehicle or vessel is more 435
653	653	than 3 years of age or 65 50 days after the vehicle or vessel is 436
654	654	stored by the lienor if the vehicle or vessel is 3 years of age 437
655	655	or less. The sale must shall be at public sale for cash. If the 438
656	656	date of the sale was not included in the notice required in 439
657	657	subsection (4), notice of the sale must shall be given to the 440
658	658	person in whose name the vehicle or vessel is registered and to 441
659	659	all persons claiming a lien on the vehicle or vessel as shown on 442
660	660	the records of the department of Highway Safety and Motor 443
661	661	Vehicles or of any corresponding agency in any other state in 444
662	662	which the vehicle is identified through a records check of the 445
663	663	National Motor Vehicle Title Information System or an equivalent 446
664	664	commercially available system as being titled. Notice of the 447
665	665	sale must be sent by certified mail to the owner of the vehicle 448
666	666	or vessel and the person having the recorded lien on the vehicle 449
667	667	or vessel at the address shown on the records of the registering 450
668	668
669	669	HB 199 2024
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0199-00
675	675	Page 19 of 35
676	676	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
677	677
678	678
679	679
680	680	agency at least 30 days before the sale of the vehicle or 451
681	681	vessel. The notice must have clearly identified and printed, if 452
682	682	the claim of lien is for a motor vehicle, The last 8 digits of 453
683	683	the vehicle identification number of the motor vehicle subject 454
684	684	to the lien, or, if the claim of lien is for a vessel, the hull 455
685	685	identification number of the vessel subject to the lien, must be 456
686	686	clearly identified and printed in the delivery address box and 457
687	687	on the outside of the envelope sent to the registered owner and 458
688	688	all other persons claiming an interest in therein or lien on the 459
689	689	vehicle or vessel thereon. The notice must be sent to the owner 460
690	690	of the vehicle or vessel and the person having the recorded lien 461
691	691	on the vehicle or vessel at the address shown on the records of 462
692	692	the registering agency at least 30 days before the sale of the 463
693	693	vehicle or vessel. The notice must state the name, physical 464
694	694	address, and telephone number of the lienor, and the vehicle 465
695	695	identification number if the claim of lien is for a vehicle or 466
696	696	the hull identification number if the claim of lien is for a 467
697	697	vessel, all of which must also appe ar in the return address 468
698	698	section on the outside of the envelope containing the notice of 469
699	699	sale. After diligent search and inquiry, if the name and address 470
700	700	of the registered owner or the owner of the recorded lien cannot 471
701	701	be ascertained, the requirements of n otice by mail may be 472
702	702	dispensed with. In addition to the notice by mail, public notice 473
703	703	of the time and place of sale must shall be made by publishing a 474
704	704	notice thereof one time, at least 30 10 days before the date of 475
705	705
706	706	HB 199 2024
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0199-00
712	712	Page 20 of 35
713	713	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
714	714
715	715
716	716
717	717	the sale, in a newspaper of general circu lation in the county in 476
718	718	which the sale is to be held. The proceeds of the sale, after 477
719	719	payment of reasonable towing and storage charges, and costs of 478
720	720	the sale, in that order of priority, must shall be deposited 479
721	721	with the clerk of the circuit court for the co unty if the owner 480
722	722	or lienholder is absent, and the clerk shall hold such proceeds 481
723	723	subject to the claim of the owner or lienholder legally entitled 482
724	724	thereto. The clerk is shall be entitled to receive 5 percent of 483
725	725	such proceeds for the care and disbursement t hereof. Upon 484
726	726	compliance by the towing -storage operator with this section, The 485
727	727	certificate of title issued under this law shall be discharged 486
728	728	of all liens on the certificate of title issued under this 487
729	729	section must be discharged unless otherwise provided by court 488
730	730	order. The owner or lienholder may file a complaint after the 489
731	731	vehicle or vessel has been sold in the county court of the 490
732	732	county in which it is stored. Upon determining the respective 491
733	733	rights of the parties, the court may award damages, attorney 492
734	734	fees, and costs in favor of the prevailing party. 493
735	735	(9) Failure to make good faith efforts to substantially 494
736	736	comply with the notice requirements of this section or precludes 495
737	737	the imposition of any storage charges against the vehicle or 496
738	738	vessel. If a lienor fails to provide notice to a person claiming 497
739	739	a lien on a vehicle or vessel in accordance with subsection (4), 498
740	740	precludes the imposition of storage charges against the vehicle 499
741	741	or vessel the lienor may not charge the person for more than 3 7 500
742	742
743	743	HB 199 2024
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0199-00
749	749	Page 21 of 35
750	750	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
751	751
752	752
753	753
754	754	days of storage, but such failure does not affect charges made 501
755	755	for towing the vehicle or vessel or the priority of liens on the 502
756	756	vehicle or vessel. 503
757	757	(10)(a) A towing-storage operator Persons who provide 504
758	758	services pursuant to this section shall permit rental car 505
759	759	vehicle or vessel owners, lienholders, insurance company 506
760	760	representatives, or their agents, which agency is evidenced by 507
761	761	an original writing acknowledged by the owner before a notary 508
762	762	public or other person empowered by law to administer oaths, to 509
763	763	inspect the towed vehicle or vessel and shall release to the 510
764	764	owner, lienholder, or agent the vehicle , vessel, or all personal 511
765	765	property not affixed to the vehicle or vessel which was in the 512
766	766	vehicle or vessel at the time the vehicle or vessel came into 513
767	767	the custody of the towing-storage operator. For purposes of this 514
768	768	paragraph, a rental car agreement is not evidence that the 515
769	769	person who rented the vehicle is an agent of the owner of the 516
770	770	vehicle and a towing -storage operator may not release a vehicle 517
771	771	owned by a rental car company to the per son who rented the 518
772	772	vehicle unless the rental car company appoints the person who 519
773	773	rented the vehicle as its agent person providing such services . 520
774	774	(b) A towing-storage operator shall permit nonrental 521
775	775	vehicle or vessel owners, lienholders, insurance company 522
776	776	representatives, or their agents to inspect the towed vehicle or 523
777	777	vessel. The towing-storage operator must make the vehicle or 524
778	778	vessel available for inspection during regular business hours 525
779	779
780	780	HB 199 2024
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0199-00
786	786	Page 22 of 35
787	787	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
788	788
789	789
790	790
791	791	within 3 business days after receiving a written request to 526
792	792	inspect the vehicle or vessel and shall release to the owner, 527
793	793	lienholder, or agent the vehicle, vessel, or all personal 528
794	794	property not affixed to the vehicle or vessel which was in the 529
795	795	vehicle or vessel at the time the vehicle or vessel came into 530
796	796	the custody of the towing-storage operator. A towing -storage 531
797	797	operator must accept a copy of an electronic title or a paper 532
798	798	title as evidence of a person's interest in a vehicle or vessel. 533
799	799	(11)(a) A towing-storage operator Any person regularly 534
800	800	engaged in the business of re covering, towing, or storing 535
801	801	vehicles or vessels who comes into possession of a vehicle or 536
802	802	vessel pursuant to paragraph (2)(b) subsection (2) and who has 537
803	803	complied with the provisions of subsections (4) (3) and (6), 538
804	804	when such vehicle or vessel is to be sold for purposes of being 539
805	805	dismantled, destroyed, or changed in such manner that it is not 540
806	806	the motor vehicle or vessel described in the certificate of 541
807	807	title, must shall report the vehicle to the National Motor 542
808	808	Vehicle Title Information System and apply to the department of 543
809	809	Highway Safety and Motor Vehicles for a certificate of 544
810	810	destruction. A certificate of destruction, which authorizes the 545
811	811	dismantling or destruction of the vehicle or vessel described 546
812	812	therein, is shall be reassignable a maximum of two times befo re 547
813	813	dismantling or destruction of the vehicle is shall be required, 548
814	814	and must shall accompany the vehicle or vessel for which it is 549
815	815	issued, when such vehicle or vessel is sold for such purposes, 550
816	816
817	817	HB 199 2024
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb0199-00
823	823	Page 23 of 35
824	824	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
825	825
826	826
827	827
828	828	in lieu of a certificate of title. The application for a 551
829	829	certificate of destruction must include proof of reporting to 552
830	830	the National Motor Vehicle Title Information System and an 553
831	831	affidavit from the applicant that she or he it has complied with 554
832	832	all applicable requirements of this section and, if the vehicle 555
833	833	or vessel is not registered in this state or any other state, by 556
834	834	a statement from a law enforcement officer that the vehicle or 557
835	835	vessel is not reported stolen, and must shall be accompanied by 558
836	836	such documentation as may be required by the department. 559
837	837	(12)(a) Any person who violates paragraph (2)(b) any 560
838	838	provision of subsection (1), subsection (2), subsection (4), 561
839	839	subsection (5), subsection (6), or subsection (7) is guilty of a 562
840	840	misdemeanor of the first degree, punishable as provided in s. 563
841	841	775.082 or s. 775.083. 564
842	842	(13)(a) Upon receipt by the department of Highway Safety 565
843	843	and Motor Vehicles of written notice from a wrecker operator who 566
844	844	claims a wrecker operator's lien under subparagraph (2)(b)4. 567
845	845	paragraph (2)(d) for recovery, towing, or storage of an 568
846	846	abandoned vehicle or ves sel upon instructions from any law 569
847	847	enforcement agency, for which a certificate of destruction has 570
848	848	been issued under subsection (11) and the vehicle has been 571
849	849	reported to the National Motor Vehicle Title Information System, 572
850	850	the department shall place the nam e of the registered owner of 573
851	851	that vehicle or vessel on the list of those persons who may not 574
852	852	be issued a license plate or revalidation sticker for any motor 575
853	853
854	854	HB 199 2024
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb0199-00
860	860	Page 24 of 35
861	861	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
862	862
863	863
864	864
865	865	vehicle under s. 320.03(8). If the vehicle or vessel is owned 576
866	866	jointly by more than one person, the name of each registered 577
867	867	owner must shall be placed on the list. The notice of wrecker 578
868	868	operator's lien must shall be submitted on forms provided by the 579
869	869	department and, which must include all of the following : 580
870	870	1. The name, address, and telephone number of the wrecker 581
871	871	operator. 582
872	872	2. The name of the registered owner of the vehicle or 583
873	873	vessel and the address to which the wrecker operator provided 584
874	874	notice of the lien to the registered owner under subsection (4). 585
875	875	3. A general description of the vehicle or vessel , 586
876	876	including its color, make, model, body style, and year. 587
877	877	4. The vehicle identification number (VIN); registration 588
878	878	license plate number, state, and year; validation decal number, 589
879	879	state, and year; vessel registration number; hull identification 590
880	880	number; or other identification number, as applicable. 591
881	881	5. The name of the person or the corresponding law 592
882	882	enforcement agency that requested that the vehicle or vessel be 593
883	883	recovered, towed, or stored. 594
884	884	6. The amount of the wrecker operator's lien, not to 595
885	885	exceed the amount allowed by paragraph (b). 596
886	886	(b) For purposes of this subsection only, the amount of 597
887	887	the wrecker operator's lien for which the department will 598
888	888	prevent issuance of a license plate or revalidation sticker may 599
889	889	not exceed the amount of the charges for r ecovery, towing, and 600
890	890
891	891	HB 199 2024
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb0199-00
897	897	Page 25 of 35
898	898	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
899	899
900	900
901	901
902	902	storage of the vehicle or vessel for 7 days. These charges may 601
903	903	not exceed the maximum rates imposed by the ordinances of the 602
904	904	respective county or municipality under ss. 125.0103(1)(c) and 603
905	905	166.043(1)(c). This paragraph does not limit th e amount of a 604
906	906	wrecker operator's lien claimed under paragraph (2)(b) 605
907	907	subsection (2) or prevent a wrecker operator from seeking civil 606
908	908	remedies for enforcement of the entire amount of the lien, but 607
909	909	limits only that portion of the lien for which the departmen t 608
910	910	will prevent issuance of a license plate or revalidation 609
911	911	sticker. 610
912	912	(d) Upon discharge of the amount of the wrecker operator's 611
913	913	lien allowed by paragraph (b), the wrecker operator must issue a 612
914	914	certificate of discharged wrecker operator's lien on forms 613
915	915	provided by the department to each registered owner of the 614
916	916	vehicle or vessel attesting that the amount of the wrecker 615
917	917	operator's lien allowed by paragraph (b) has been discharged. 616
918	918	Upon presentation of the certificate of discharged wrecker 617
919	919	operator's lien by t he registered owner, the department must 618
920	920	shall immediately remove the registered owner's name from the 619
921	921	list of those persons who may not be issued a license plate or 620
922	922	revalidation sticker for any motor vehicle under s. 320.03(8), 621
923	923	thereby allowing issuance o f a license plate or revalidation 622
924	924	sticker. Issuance of a certificate of discharged wrecker 623
925	925	operator's lien under this paragraph does not discharge the 624
926	926	entire amount of the wrecker operator's lien claimed under 625
927	927
928	928	HB 199 2024
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb0199-00
934	934	Page 26 of 35
935	935	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
936	936
937	937
938	938
939	939	paragraph (2)(b) subsection (2), but only certifies to the 626
940	940	department that the amount of the wrecker operator's lien 627
941	941	allowed by paragraph (b), for which the department will prevent 628
942	942	issuance of a license plate or revalidation sticker, has been 629
943	943	discharged. 630
944	944	(18) A towing-storage operator must retain fo r 3 years 631
945	945	records produced for all vehicles or vessels recovered, towed, 632
946	946	stored, or released. Such records must include at least all of 633
947	947	the following: 634
948	948	(a) All notice publications and certified mailings. 635
949	949	(b) The purchase price of any unclaimed vehicle or vessel 636
950	950	sold. 637
951	951	(c) The name and address of any person to whom a vehicle 638
952	952	or vessel is released. 639
953	953	(d) The name and address of the purchaser of any unclaimed 640
954	954	vehicle or vessel. 641
955	955	(e) All fees imposed under this section. 642
956	956	(19) This section is the exclusive remedy for the 643
957	957	foreclosure of a storage lien placed on a vehicle or vessel 644
958	958	under s. 83.19, s. 83.805, or s. 677.210. 645
959	959	Section 4. Subsection (5) is added to section 83.19, 646
960	960	Florida Statutes, to read: 647
961	961	83.19 Sale of property distrained. — 648
962	962	(5) A lien on a vehicle or vessel, as those terms are 649
963	963	defined in s. 713.78(1), of a tenant or lessee must be 650
964	964
965	965	HB 199 2024
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb0199-00
971	971	Page 27 of 35
972	972	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
973	973
974	974
975	975
976	976	foreclosed pursuant to s. 713.78 and may not be foreclosed under 651
977	977	this chapter. 652
978	978	Section 5. Section 83.805, Florida Statutes, is amended to 653
979	979	read: 654
980	980	83.805 Lien.— 655
981	981	(1) The owner of a self-service storage facility or self -656
982	982	contained storage unit and the owner's heirs, executors, 657
983	983	administrators, successors, and assigns have a lien upon all 658
984	984	personal property, whether or not owned by the tenant, located 659
985	985	at a self-service storage facility or in a self -contained 660
986	986	storage unit for rent, labor charges, or other charges, present 661
987	987	or future, in relation to the personal property and for expenses 662
988	988	necessary for its preservation or expenses reasonably incurred 663
989	989	in its sale or other disposition pursuant to ss. 83.801 -83.809. 664
990	990	The lien provided for in this section attaches as of the date 665
991	991	that the personal property is brought to the self -service 666
992	992	storage facility or as of the date the tenant takes possession 667
993	993	of the self-contained storage unit, and the priority of this 668
994	994	lien shall be the same as provided in s. 83.08; however, in the 669
995	995	event of default, the owner must give notice to persons who hold 670
996	996	perfected security interests under the Uniform Commercial Code 671
997	997	in which the tenant is named as the debtor. 672
998	998	(2) A lien on a vehicle or vessel, as those terms are 673
999	999	defined in s. 713.78(1), of a tenant or lessee must be 674
1000	1000	foreclosed pursuant to s. 713.78 and may not be foreclosed under 675
1001	1001
1002	1002	HB 199 2024
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb0199-00
1008	1008	Page 28 of 35
1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	this chapter. 676
1014	1014	Section 6. Subsection (10) of section 83 .806, Florida 677
1015	1015	Statutes, is amended to read: 678
1016	1016	83.806 Enforcement of lien. —An owner's lien as provided in 679
1017	1017	s. 83.805 may be satisfied as follows: 680
1018	1018	(10) If a lien is claimed on property that is a motor 681
1019	1019	vehicle or a watercraft and rent and other charges relat ed to 682
1020	1020	the property remain unpaid or unsatisfied for 60 days after the 683
1021	1021	maturity of the obligation to pay the rent and other charges, 684
1022	1022	the facility or unit owner may sell the property pursuant to s. 685
1023	1023	713.78 this section or have the property towed. If a motor 686
1024	1024	vehicle or watercraft is towed, the facility or unit owner is 687
1025	1025	not liable for the motor vehicle or watercraft or any damages to 688
1026	1026	the motor vehicle or watercraft once a wrecker takes possession 689
1027	1027	of the property. The wrecker taking possession of the property 690
1028	1028	must comply with all notification and sale requirements provided 691
1029	1029	in s. 713.78. 692
1030	1030	Section 7. Subsection (10) is added to section 677.210, 693
1031	1031	Florida Statutes, to read: 694
1032	1032	677.210 Enforcement of warehouse's lien. — 695
1033	1033	(10) A lien on a vehicle or vessel, as those te rms are 696
1034	1034	defined in s. 713.78(1), must be foreclosed pursuant to s. 697
1035	1035	713.78 and may not be foreclosed under this chapter. 698
1036	1036	Section 8. Paragraph (a) of subsection (2) of section 699
1037	1037	715.07, Florida Statutes, is amended to read: 700
1038	1038
1039	1039	HB 199 2024
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
1044	1044	hb0199-00
1045	1045	Page 29 of 35
1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	715.07 Vehicles or vessels par ked on private property; 701
1051	1051	towing.— 702
1052	1052	(2) The owner or lessee of real property, or any person 703
1053	1053	authorized by the owner or lessee, which person may be the 704
1054	1054	designated representative of the condominium association if the 705
1055	1055	real property is a condominium, may cause any vehicle or vessel 706
1056	1056	parked on such property without her or his permission to be 707
1057	1057	removed by a person regularly engaged in the business of towing 708
1058	1058	vehicles or vessels, without liability for the costs of removal, 709
1059	1059	transportation, or storage or damages caused by such removal, 710
1060	1060	transportation, or storage, under any of the following 711
1061	1061	circumstances: 712
1062	1062	(a) The towing or removal of any vehicle or vessel from 713
1063	1063	private property without the consent of the registered owner or 714
1064	1064	other legally authorized person in control of that vehicle or 715
1065	1065	vessel is subject to substantial compliance with the following 716
1066	1066	conditions and restrictions: 717
1067	1067	1.a. Any towed or removed vehicle or vessel must be stored 718
1068	1068	at a site within a 10 -mile radius of the point of removal in any 719
1069	1069	county of 500,000 popu lation or more, and within a 15 -mile 720
1070	1070	radius of the point of removal in any county of fewer than 721
1071	1071	500,000 population. That site must be open for the purpose of 722
1072	1072	redemption of vehicles on any day that the person or firm towing 723
1073	1073	such vehicle or vessel is open fo r towing purposes, from 8:00 724
1074	1074	a.m. to 6:00 p.m., and, when closed, shall have prominently 725
1075	1075
1076	1076	HB 199 2024
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb0199-00
1082	1082	Page 30 of 35
1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	posted a sign indicating a telephone number where the operator 726
1088	1088	of the site can be reached at all times. Upon receipt of a 727
1089	1089	telephoned request to open the site to redeem a vehicle or 728
1090	1090	vessel, the operator shall return to the site within 1 hour or 729
1091	1091	she or he will be in violation of this section. 730
1092	1092	b. If no towing business providing such service is located 731
1093	1093	within the area of towing limitations set forth in sub -732
1094	1094	subparagraph a., the following limitations apply: any towed or 733
1095	1095	removed vehicle or vessel must be stored at a site within a 20 -734
1096	1096	mile radius of the point of removal in any county of 500,000 735
1097	1097	population or more, and within a 30 -mile radius of the point of 736
1098	1098	removal in any count y of fewer than 500,000 population. 737
1099	1099	2. The person or firm towing or removing the vehicle or 738
1100	1100	vessel shall, within 30 minutes after completion of such towing 739
1101	1101	or removal, notify the municipal police department or, in an 740
1102	1102	unincorporated area, the sheriff, of such towing or removal, the 741
1103	1103	storage site, the time the vehicle or vessel was towed or 742
1104	1104	removed, and the make, model, color, and license plate number of 743
1105	1105	the vehicle or description and registration number of the vessel 744
1106	1106	and shall obtain the name of the person at that department to 745
1107	1107	whom such information was reported and note that name on the 746
1108	1108	trip record. 747
1109	1109	3. A person in the process of towing or removing a vehicle 748
1110	1110	or vessel from the premises or parking lot in which the vehicle 749
1111	1111	or vessel is not lawfully parked mu st stop when a person seeks 750
1112	1112
1113	1113	HB 199 2024
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
1118	1118	hb0199-00
1119	1119	Page 31 of 35
1120	1120	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
1121	1121
1122	1122
1123	1123
1124	1124	the return of the vehicle or vessel. The vehicle or vessel must 751
1125	1125	be returned upon the payment of a reasonable service fee of not 752
1126	1126	more than one-half of the posted rate for the towing or removal 753
1127	1127	service as provided in subparagraph 6. The vehicle or vessel may 754
1128	1128	be towed or removed if, after a reasonable opportunity, the 755
1129	1129	owner or legally authorized person in control of the vehicle or 756
1130	1130	vessel is unable to pay the service fee. If the vehicle or 757
1131	1131	vessel is redeemed, a detailed signed receip t must be given to 758
1132	1132	the person redeeming the vehicle or vessel. 759
1133	1133	4. A person may not pay or accept money or other valuable 760
1134	1134	consideration for the privilege of towing or removing vehicles 761
1135	1135	or vessels from a particular location. 762
1136	1136	5. Except for property appurt enant to and obviously a part 763
1137	1137	of a single-family residence, and except for instances when 764
1138	1138	notice is personally given to the owner or other legally 765
1139	1139	authorized person in control of the vehicle or vessel that the 766
1140	1140	area in which that vehicle or vessel is parked is reserved or 767
1141	1141	otherwise unavailable for unauthorized vehicles or vessels and 768
1142	1142	that the vehicle or vessel is subject to being removed at the 769
1143	1143	owner's or operator's expense, any property owner or lessee, or 770
1144	1144	person authorized by the property owner or lessee, before towing 771
1145	1145	or removing any vehicle or vessel from private property without 772
1146	1146	the consent of the owner or other legally authorized person in 773
1147	1147	control of that vehicle or vessel, must post a notice meeting 774
1148	1148	the following requirements: 775
1149	1149
1150	1150	HB 199 2024
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
1155	1155	hb0199-00
1156	1156	Page 32 of 35
1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	a. The notice must be p rominently placed at each driveway 776
1162	1162	access or curb cut allowing vehicular access to the property 777
1163	1163	within 10 feet from the road, as defined in s. 334.03(22). If 778
1164	1164	there are no curbs or access barriers, the signs must be posted 779
1165	1165	not fewer than one sign for each 2 5 feet of lot frontage. 780
1166	1166	b. The notice must clearly indicate, in not fewer than 2 -781
1167	1167	inch high, light-reflective letters on a contrasting background, 782
1168	1168	that unauthorized vehicles will be towed away at the owner's 783
1169	1169	expense. The words "tow -away zone" must be incl uded on the sign 784
1170	1170	in not fewer than 4-inch high letters. 785
1171	1171	c. The notice must also provide the name and current 786
1172	1172	telephone number of the person or firm towing or removing the 787
1173	1173	vehicles or vessels. 788
1174	1174	d. The sign structure containing the required notices must 789
1175	1175	be permanently installed with the words "tow -away zone" not 790
1176	1176	fewer than 3 feet and not more than 6 feet above ground level 791
1177	1177	and must be continuously maintained on the property for not 792
1178	1178	fewer than 24 hours before the towing or removal of any vehicles 793
1179	1179	or vessels. 794
1180	1180	e. The local government may require permitting and 795
1181	1181	inspection of these signs before any towing or removal of 796
1182	1182	vehicles or vessels being authorized. 797
1183	1183	f. A business with 20 or fewer parking spaces satisfies 798
1184	1184	the notice requirements of this subparagraph b y prominently 799
1185	1185	displaying a sign stating "Reserved Parking for Customers Only 800
1186	1186
1187	1187	HB 199 2024
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
1192	1192	hb0199-00
1193	1193	Page 33 of 35
1194	1194	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
1195	1195
1196	1196
1197	1197
1198	1198	Unauthorized Vehicles or Vessels Will be Towed Away At the 801
1199	1199	Owner's Expense" in not fewer than 4 -inch high, light-reflective 802
1200	1200	letters on a contrasting background. 803
1201	1201	g. A property owner towing or removing vessels from real 804
1202	1202	property must post notice, consistent with the requirements in 805
1203	1203	sub-subparagraphs a.-f., which apply to vehicles, that 806
1204	1204	unauthorized vehicles or vessels will be towed away at the 807
1205	1205	owner's expense. 808
1206	1206	809
1207	1207	A business owner or lessee may authorize the removal of a 810
1208	1208	vehicle or vessel by a towing company when the vehicle or vessel 811
1209	1209	is parked in such a manner that restricts the normal operation 812
1210	1210	of business; and if a vehicle or vessel parked on a public 813
1211	1211	right-of-way obstructs access t o a private driveway the owner, 814
1212	1212	lessee, or agent may have the vehicle or vessel removed by a 815
1213	1213	towing company upon signing an order that the vehicle or vessel 816
1214	1214	be removed without a posted tow -away zone sign. 817
1215	1215	6. Any person or firm that tows or removes vehicl es or 818
1216	1216	vessels and proposes to require an owner, operator, or person in 819
1217	1217	control or custody of a vehicle or vessel to pay the costs of 820
1218	1218	towing and storage before redemption of the vehicle or vessel 821
1219	1219	must file and keep on record with the local law enforcement 822
1220	1220	agency a complete copy of the current rates to be charged for 823
1221	1221	such services and post at the storage site an identical rate 824
1222	1222	schedule and any written contracts with property owners, 825
1223	1223
1224	1224	HB 199 2024
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
1229	1229	hb0199-00
1230	1230	Page 34 of 35
1231	1231	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
1232	1232
1233	1233
1234	1234
1235	1235	lessees, or persons in control of property which authorize such 826
1236	1236	person or firm to remove vehicles or vessels as provided in this 827
1237	1237	section. 828
1238	1238	7. Any person or firm towing or removing any vehicles or 829
1239	1239	vessels from private property without the consent of the owner 830
1240	1240	or other legally authorized person in control or custody of the 831
1241	1241	vehicles or vessels shall, on any trucks, wreckers as defined in 832
1242	1242	s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 833
1243	1243	towing or removal, have the name, address, and telephone number 834
1244	1244	of the company performing such service clearly printed in 835
1245	1245	contrasting colors on the driver and passenger sides of the 836
1246	1246	vehicle. The name shall be in at least 3 -inch permanently 837
1247	1247	affixed letters, and the address and telephone number shall be 838
1248	1248	in at least 1-inch permanently affixed letters. 839
1249	1249	8. Vehicle entry for the purpose of removin g the vehicle 840
1250	1250	or vessel shall be allowed with reasonable care on the part of 841
1251	1251	the person or firm towing the vehicle or vessel. Such person or 842
1252	1252	firm shall be liable for any damage occasioned to the vehicle or 843
1253	1253	vessel if such entry is not in accordance with the standard of 844
1254	1254	reasonable care. 845
1255	1255	9. When a vehicle or vessel has been towed or removed 846
1256	1256	pursuant to this section, it must be released to its owner or 847
1257	1257	person in control or custody within 1 hour after requested. Any 848
1258	1258	vehicle or vessel owner or person in control or custody has the 849
1259	1259	right to inspect the vehicle or vessel before accepting its 850
1260	1260
1261	1261	HB 199 2024
1262	1262
1263	1263
1264	1264
1265	1265	CODING: Words stricken are deletions; words underlined are additions.
1266	1266	hb0199-00
1267	1267	Page 35 of 35
1268	1268	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
1269	1269
1270	1270
1271	1271
1272	1272	return, and no release or waiver of any kind which would release 851
1273	1273	the person or firm towing the vehicle or vessel from liability 852
1274	1274	for damages noted by the owner or person in cont rol or custody 853
1275	1275	at the time of the redemption may be required from any vehicle 854
1276	1276	or vessel owner or person in control or custody as a condition 855
1277	1277	of release of the vehicle or vessel to its owner or person in 856
1278	1278	control or custody. A detailed receipt showing the le gal name of 857
1279	1279	the company or person towing or removing the vehicle or vessel 858
1280	1280	must be given to the person paying towing or storage charges at 859
1281	1281	the time of payment, whether requested or not. 860
1282	1282	Section 9. This act shall take effect July 1, 2024. 861