Florida 2024 Regular Session

Florida House Bill H0661 Compare Versions

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

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3	3	HB 661 2024
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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
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14	14	A bill to be entitled 1
15	15	An act relating to wrecker operators; amending s. 2
16	16	166.043, F.S.; requiring counties to establish maximum 3
17	17	rates for the storage of electric vehicles; 4
18	18	authorizing a wrecker operator's storage facility to 5
19	19	charge certain costs for certain cleanup, containment, 6
20	20	and disposal; amending s. 323.001, F.S.; specifying 7
21	21	financial responsibility for vehicles stored for more 8
22	22	than 30 days at a wrecker operator's stora ge facility; 9
23	23	amending s. 713.78, F.S.; authorizing a governmental 10
24	24	entity to instruct or authorize the removal of a 11
25	25	vehicle or vessel; requiring certain communications 12
26	26	among such governmental entity, the Department of 13
27	27	Highway Safety and Motor Vehicles, and the person in 14
28	28	charge of the location where such vehicle or vessel is 15
29	29	stored; requiring public notice of the sale of an 16
30	30	unclaimed vehicle or vessel to be published in a 17
31	31	central database or online format approved or operated 18
32	32	by the department; removing the r equirement that such 19
33	33	notice be published in a newspaper; providing an 20
34	34	effective date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
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38	38	Section 1. Paragraphs (d) and (e) are added to subsection 25
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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
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51	51	(1) of section 166.043, Florida Statutes, to read: 26
52	52	166.043 Ordinances and rules imposing price controls. — 27
53	53	(1) 28
54	54	(d) Counties must establish maximum rates which may be 29
55	55	charged for the storage of electric vehicles at a rate of at 30
56	56	least three times the rate that is charged for the cost of 31
57	57	storing vehicles that are powered by gasoline or diesel fuels. A 32
58	58	wrecker operator's storage facility may also charge fair and 33
59	59	reasonable costs, plus 10 percent, for cleanup and disposal 34
60	60	related to an accident or crash, a fire, or accidental discharge 35
61	61	of any hazardous materials or debris associated with an electric 36
62	62	vehicle. 37
63	63	(e) Wrecker operators may charge fair and reasonable 38
64	64	costs, plus 10 percent, for cleanup, containment, and disposal 39
65	65	of pollution and hazardous materials. 40
66	66	Section 2. Subsection (7) of sectio n 323.001, Florida 41
67	67	Statutes, is amended to read: 42
68	68	323.001 Wrecker operator storage facilities; vehicle 43
69	69	holds.— 44
70	70	(7) When a vehicle owner is found guilty of, or pleads 45
71	71	nolo contendere to, the offense that resulted in a hold being 46
72	72	placed on his or her vehi cle, regardless of the adjudication of 47
73	73	guilt, the owner must pay the accrued towing and storage charges 48
74	74	assessed against the vehicle. If a vehicle is stored at a 49
75	75	wrecker operator's storage facility for more than 30 days, the 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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
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88	88	person, entity, or agency that requested that the vehicle be 51
89	89	held at the wrecker operator's storage facility is financially 52
90	90	responsible for the daily cost of storing the vehicle after 30 53
91	91	days. 54
92	92	Section 3. Paragraph (d) of subsection (2), paragraph (b) 55
93	93	of subsection (4), and subsectio n (6) of section 713.78, Florida 56
94	94	Statutes, are amended to read: 57
95	95	713.78 Liens for recovering, towing, or storing vehicles 58
96	96	and vessels.— 59
97	97	(2) Whenever a person regularly engaged in the business of 60
98	98	transporting vehicles or vessels by wrecker, tow truck, or car 61
99	99	carrier recovers, removes, or stores a vehicle or vessel upon 62
100	100	instructions from: 63
101	101	(d) Any law enforcement agency or governmental entity , 64
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103	103	she or he shall have a lien on the vehicle or vessel for a 66
104	104	reasonable towing fee, for a reasonable administrative fee or 67
105	105	charge imposed by a county or municipality, and for a reasonable 68
106	106	storage fee; except that a storage fee may not be charged if the 69
107	107	vehicle or vessel is stored for fewer than 6 hours. 70
108	108	(4) 71
109	109	(b) Whenever a law enforcement agency or governmental 72
110	110	entity authorizes the removal of a vehicle or vessel or whenever 73
111	111	a towing service, garage, repair shop, or automotive service, 74
112	112	storage, or parking place notifies the law enforcement agency or 75
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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
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125	125	governmental entity of possession of a vehicle or vessel 76
126	126	pursuant to s. 715.07(2)(a)2., the law enforcement agency or 77
127	127	governmental entity of the jurisdiction where the vehicle or 78
128	128	vessel is stored shall contact the Department of Highway Safety 79
129	129	and Motor Vehicles, or the a ppropriate agency of the state of 80
130	130	registration, if known, within 24 hours through the medium of 81
131	131	electronic communications, giving the full description of the 82
132	132	vehicle or vessel. Upon receipt of the full description of the 83
133	133	vehicle or vessel, the department s hall search its files to 84
134	134	determine the owner's name, the insurance company insuring the 85
135	135	vehicle or vessel, and whether any person has filed a lien upon 86
136	136	the vehicle or vessel as provided in s. 319.27(2) and (3) and 87
137	137	notify the applicable law enforcement agen cy or governmental 88
138	138	entity within 72 hours. The person in charge of the towing 89
139	139	service, garage, repair shop, or automotive service, storage, or 90
140	140	parking place shall obtain such information from the applicable 91
141	141	law enforcement agency or governmental entity within 5 days 92
142	142	after the date of storage and shall give notice pursuant to 93
143	143	paragraph (a). The department may release the insurance company 94
144	144	information to the requestor notwithstanding s. 627.736. 95
145	145	(6) A vehicle or vessel that is stored pursuant to 96
146	146	subsection (2) and remains unclaimed, or for which reasonable 97
147	147	charges for recovery, towing, or storing remain unpaid, and any 98
148	148	contents not released pursuant to subsection (10), may be sold 99
149	149	by the owner or operator of the storage space for such towing or 100
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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
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162	162	storage charge 35 days after the vehicle or vessel is stored by 101
163	163	the lienor if the vehicle or vessel is more than 3 years of age 102
164	164	or 50 days after the vehicle or vessel is stored by the lienor 103
165	165	if the vehicle or vessel is 3 years of age or less. The sale 104
166	166	shall be at public sale for cash. If the date of the sale was 105
167	167	not included in the notice required in subsection (4), notice of 106
168	168	the sale shall be given to the person in whose name the vehicle 107
169	169	or vessel is registered and to all persons claiming a lien on 108
170	170	the vehicle or vesse l as shown on the records of the Department 109
171	171	of Highway Safety and Motor Vehicles or of any corresponding 110
172	172	agency in any other state in which the vehicle is identified 111
173	173	through a records check of the National Motor Vehicle Title 112
174	174	Information System or an equiv alent commercially available 113
175	175	system as being titled. Notice of the sale must be sent by 114
176	176	certified mail. The notice must have clearly identified and 115
177	177	printed, if the claim of lien is for a motor vehicle, the last 8 116
178	178	digits of the vehicle identification number of the motor vehicle 117
179	179	subject to the lien, or, if the claim of lien is for a vessel, 118
180	180	the hull identification number of the vessel subject to the 119
181	181	lien, in the delivery address box and on the outside of the 120
182	182	envelope sent to the registered owner and all other persons 121
183	183	claiming an interest therein or lien thereon. The notice must be 122
184	184	sent to the owner of the vehicle or vessel and the person having 123
185	185	the recorded lien on the vehicle or vessel at the address shown 124
186	186	on the records of the registering agency at least 30 days before 125
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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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
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199	199	the sale of the vehicle or vessel. The notice must state the 126
200	200	name, physical address, and telephone number of the lienor, and 127
201	201	the vehicle identification number if the claim of lien is for a 128
202	202	vehicle or the hull identification number if the claim of lien 129
203	203	is for a vessel, all of which must also appear in the return 130
204	204	address section on the outside of the envelope containing the 131
205	205	notice of sale. After diligent search and inquiry, if the name 132
206	206	and address of the registered owner or the owner of the record ed 133
207	207	lien cannot be ascertained, the requirements of notice by mail 134
208	208	may be dispensed with. In addition to the notice by mail, public 135
209	209	notice of the time and place of sale shall be made by publishing 136
210	210	a notice thereof one time, at least 10 days before the date of 137
211	211	the sale, in a central database or online format approved or 138
212	212	operated by the department newspaper of general circulation in 139
213	213	the county in which the sale is to be held . The proceeds of the 140
214	214	sale, after payment of reasonable towing and storage charges, 141
215	215	and costs of the sale, in that order of priority, shall be 142
216	216	deposited with the clerk of the circuit court for the county if 143
217	217	the owner or lienholder is absent, and the clerk shall hold such 144
218	218	proceeds subject to the claim of the owner or lienholder legally 145
219	219	entitled thereto. The clerk shall be entitled to receive 5 146
220	220	percent of such proceeds for the care and disbursement thereof. 147
221	221	The certificate of title issued under this law shall be 148
222	222	discharged of all liens unless otherwise provided by court 149
223	223	order. The owner or lien holder may file a complaint after the 150
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229	229	CODING: Words stricken are deletions; words underlined are additions.
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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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236	236	vehicle or vessel has been sold in the county court of the 151
237	237	county in which it is stored. Upon determining the respective 152
238	238	rights of the parties, the court may award damages, attorney 153
239	239	fees, and costs in favor of the prev ailing party. 154
240	240	Section 4. This act shall take effect July 1, 2024. 155