Florida Senate - 2024 SB 774 By Senator Perry 9-01096-24 2024774__ 1 A bill to be entitled 2 An act relating to towing and storage; amending s. 3 321.051, F.S.; prohibiting the Division of the Florida 4 Highway Patrol from excluding wrecker operators from 5 the wrecker operator system or from being designated 6 as an authorized wrecker operator based solely on a 7 prior felony conviction; providing exceptions; 8 amending s. 713.78, F.S.; defining the terms good 9 faith effort and towing-storage operator; 10 authorizing a towing-storage operator to charge 11 certain fees; providing that a lien can only be placed 12 on specified fees; revising requirements for law 13 enforcement agencies and the Department of Highway 14 Safety and Motor Vehicles relating to the removal of 15 vehicles or vessels; revising requirements for notices 16 of lien; revising requirements for towing-storage 17 operators providing notice to public agencies of 18 jurisdiction; revising the timeframe in which certain 19 unclaimed vehicles or vessels may be sold; revising 20 requirements for notices of sale; revising provisions 21 for permission to inspect a vehicle or vessel; 22 providing when a vehicle must be made available for 23 inspection; revising criminal penalties; requiring a 24 towing-storage operator to maintain certain records 25 for at least a specified period of time; providing the 26 exclusive remedy for certain liens; requiring towing 27 storage operators to accept certain types of payment; 28 prohibiting certain persons from being required to 29 furnish more than one form of current government photo 30 identification for purposes of verifying their 31 identity; making technical changes; amending ss. 83.19 32 and 83.805, F.S.; conforming provisions to changes 33 made by the act; amending s. 83.806, F.S.; revising 34 requirements for the sale or disposition of property 35 at self-service storage facilities; providing 36 inspection requirements for vehicles or vessels being 37 sold by a facility or unit owner; requiring vehicles 38 or vessels to be released under certain circumstances; 39 providing a criminal penalty; providing requirements 40 for filing lawsuits relating to such vehicles or 41 vessels; specifying that failure to make good faith 42 efforts to comply with certain notice requirements 43 precludes the imposition of certain storage charges; 44 specifying that copies of specified documents 45 constitute satisfactory proof for transfer of title; 46 conforming provisions to changes made by the act; 47 amending s. 83.808, F.S.; requiring that rental 48 agreements for self-service storage facilities 49 authorize tenants to designate an optional alternate 50 contact person; specifying that such person may be 51 contacted only for certain purposes; specifying that 52 such person does not have an interest in the contents 53 stored at the self-service storage facility or in the 54 self-contained storage unit; amending s. 677.210, 55 F.S.; conforming provisions to changes made by the 56 act; amending s. 715.07, F.S.; conforming a cross 57 reference; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1.Subsection (5) is added to section 321.051, 62 Florida Statutes, to read: 63 321.051Florida Highway Patrol wrecker operator system; 64 penalties for operation outside of system. 65 (5)The Division of the Florida Highway Patrol may not 66 exclude a wrecker operator from the wrecker operator system or 67 fail to designate him or her as an authorized wrecker operator 68 based solely on a prior felony conviction unless such conviction 69 is for a forcible felony as defined in s. 776.08 or a felony 70 listed under s. 812.014(2)(c)6. or s. 812.16(2). 71 Section 2.Subsections (1), (2), and (4), paragraph (a) of 72 subsection (5), subsections (6), (8), (9), and (10), paragraph 73 (a) of subsection (11), paragraphs (a) and (d) of subsection 74 (12), and paragraphs (a), (b), and (d) of subsection (13) of 75 section 713.78, Florida Statutes, are amended, and subsections 76 (18), (19), and (20) are added to that section, to read: 77 713.78Liens for recovering, towing, or storing vehicles 78 and vessels. 79 (1)For the purposes of this section, the term: 80 (e)(a)Vehicle means any mobile item, whether motorized 81 or not, which is mounted on wheels. 82 (f)(b)Vessel means every description of watercraft, 83 barge, and airboat used or capable of being used as a means of 84 transportation on water, other than a seaplane or a documented 85 vessel as defined in s. 327.02. 86 (b)Good faith effort means that all of the following 87 checks have been performed by a towing-storage company to 88 establish the prior state of registration and title of a vehicle 89 or vessel that has been towed or stored by the company: 90 1.A check of the departments database for the owner and 91 any lienholder. 92 2.A check of the electronic National Motor Vehicle Title 93 Information System or an equivalent commercially available 94 system to determine the state of registration when there is not 95 a current registration record for the vehicle or vessel on file 96 with the department. 97 3.A check of the vehicle or vessel for any type of tag, 98 tag record, temporary tag, or regular tag. 99 4.A check of the law enforcement report for a tag number 100 or other information identifying the vehicle or vessel, if the 101 vehicle or vessel was towed at the request of a law enforcement 102 officer. 103 5.A check of the trip sheet or tow ticket of the tow truck 104 operator to determine whether a tag was on the vehicle or vessel 105 at the beginning of the tow, if a private tow. 106 6.If there is no address of the owner on the impound 107 report, a check of the law enforcement report to determine 108 whether an out-of-state address is indicated from driver license 109 information. 110 7.A check of the vehicle or vessel for an inspection 111 sticker or other stickers and decals that may indicate a state 112 of possible registration. 113 8.A check of the interior of the vehicle or vessel for any 114 papers that may be in the glove box, trunk, or other areas for a 115 state of registration. 116 9.A check of the vehicle for a vehicle identification 117 number. 118 10.A check of the vessel for a vessel registration number. 119 11.A check of the vessel hull for a hull identification 120 number which should be carved, burned, stamped, embossed, or 121 otherwise permanently affixed to the outboard side of the 122 transom or, if there is no transom, to the outmost seaboard side 123 at the end of the hull that bears the rudder or other steering 124 mechanism. 125 (g)(c)Wrecker means any truck or other vehicle that 126 which is used to tow, carry, or otherwise transport motor 127 vehicles or vessels upon the streets and highways of this state 128 and which is equipped for that purpose with a boom, winch, car 129 carrier, or other similar equipment. 130 (c)(d)National Motor Vehicle Title Information System 131 means the federally authorized electronic National Motor Vehicle 132 Title Information System. 133 (d)Towing-storage operator means a person who regularly 134 engages in the business of transporting vehicles or vessels by 135 wrecker, tow truck, or car carrier. 136 (a)(e)Equivalent commercially available system means a 137 service that charges a fee to provide vehicle information and 138 that at a minimum maintains records from those states 139 participating in data sharing with the National Motor Vehicle 140 Title Information System. 141 (2)(a)Whenever A towing-storage operator may charge only 142 the following fees for, or incidental to, the recovery, removal, 143 or storage of a vehicle or vessel: 144 1.Any reasonable fee for service specifically authorized 145 by ordinance, resolution, regulation, or rule of the county or 146 municipality in which the service is performed. 147 2.Any reasonable fee for service specifically authorized 148 by contract or agreement between a towing-storage operator and a 149 county, municipality, or other governmental agency. 150 3.Any reasonable fee for service specifically authorized 151 by rule of the Department of Highway Safety and Motor Vehicles. 152 4.Any reasonable fee for service as agreed upon in writing 153 between a towing-storage operator and the owner of a vehicle or 154 vessel. 155 5.Any lien release administrative fee as set forth in 156 paragraph (15)(a). 157 6.Any reasonable administrative fee or charge imposed by a 158 county or municipality pursuant to s. 125.01047, s. 166.04465, 159 or s. 323.002 upon the registered owner or other legally 160 authorized person in control of a vehicle or vessel. 161 (b)If a towing-storage operator person regularly engaged 162 in the business of transporting vehicles or vessels by wrecker, 163 tow truck, or car carrier recovers, removes, or stores a vehicle 164 or vessel upon instructions from: 165 1.(a)The owner thereof; 166 2.(b)The owner or lessor, or a person authorized by the 167 owner or lessor, of property on which such vehicle or vessel is 168 wrongfully parked, and the removal is done in compliance with s. 169 715.07; 170 3.(c)The landlord or a person authorized by the landlord, 171 when such motor vehicle or vessel remained on the premises after 172 the tenancy terminated and the removal is done in compliance 173 with s. 83.806 or s. 715.104; or 174 4.(d)Any law enforcement agency, county, or municipality, 175 176 she or he has shall have a lien on the vehicle or vessel for a 177 reasonable towing fee, for a reasonable administrative fee or 178 charge imposed by a county or municipality, and for a reasonable 179 storage fee; except that a storage fee may not be charged if the 180 vehicle or vessel is stored for less fewer than 6 hours. 181 (4)(a)A towing-storage operator person regularly engaged 182 in the business of recovering, towing, or storing vehicles or 183 vessels who comes into possession of a vehicle or vessel 184 pursuant to paragraph (2)(b) subsection (2), and who claims a 185 lien for recovery, towing, or storage services, must shall give 186 notice, by certified mail, pursuant to subsection (16), to the 187 registered owner, the insurance company insuring the vehicle 188 notwithstanding s. 627.736, and all persons claiming a lien 189 thereon, as disclosed by the records in the Department of 190 Highway Safety and Motor Vehicles or as disclosed by the records 191 of any corresponding agency in any other state in which the 192 vehicle is identified through a records check of the National 193 Motor Vehicle Title Information System or an equivalent 194 commercially available system as being titled or registered. 195 (b)When Whenever a law enforcement agency authorizes the 196 removal of a vehicle or vessel or whenever a towing service, 197 garage, repair shop, or automotive service, storage, or parking 198 place notifies the law enforcement agency of possession of a 199 vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved 200 third-party service cannot obtain the vehicles or vessels 201 owner, lienholder, and insurer information or last state of 202 record pursuant to subsection (16), the law enforcement agency 203 of the jurisdiction where the vehicle or vessel is stored must 204 shall contact the Department of Highway Safety and Motor 205 Vehicles, or the appropriate agency of the state of 206 registration, if known, within 24 hours through the medium of 207 electronic communications, giving the full description of the 208 vehicle or vessel. Upon receipt of the full description of the 209 vehicle or vessel, the department shall search its files to 210 determine the owners name, the insurance company insuring the 211 vehicle or vessel, and whether any person has filed a lien upon 212 the vehicle or vessel as provided in s. 319.27(2) and (3) and 213 notify the applicable law enforcement agency within 72 hours. 214 The person in charge of the towing service, garage, repair shop, 215 or automotive service, storage, or parking place must request 216 shall obtain such information from the applicable law 217 enforcement agency within 5 days after the date of storage and 218 shall give notice pursuant to paragraph (a). The department may 219 release the insurance company information to the requestor 220 notwithstanding s. 627.736. 221 (c)The notice of lien must be sent by certified mail to 222 the registered owner, the insurance company insuring the vehicle 223 notwithstanding s. 627.736, and all other persons claiming a 224 lien thereon within 4 7 business days, excluding a Saturday, and 225 Sunday, or federal legal holiday, after the date of storage of 226 the vehicle or vessel. However, in no event shall the notice of 227 lien be sent less than 30 days before the sale of the vehicle or 228 vessel. The notice must state all of the following: 229 1.If the claim of lien is for a vehicle, the last 8 digits 230 of the vehicle identification number of the vehicle subject to 231 the lien, or, if the claim of lien is for a vessel, the hull 232 identification number of the vessel subject to the lien, clearly 233 printed in the delivery address box and on the outside of the 234 envelope sent to the registered owner and all other persons 235 claiming an interest in therein or lien on the vehicle or vessel 236 thereon. 237 2.The name, physical address, and telephone number of the 238 lienor, and the entity name, as registered with the Division of 239 Corporations, of the business where the towing and storage 240 occurred, which must also appear on the outside of the envelope 241 sent to the registered owner and all other persons claiming an 242 interest in or lien on the vehicle or vessel. 243 3.The fact of possession of the vehicle or vessel. 244 4.The name of the person or entity that authorized the 245 lienor to take possession of the vehicle or vessel. 246 5.That a lien as provided in paragraph (2)(b) subsection 247 (2) is claimed. 248 6.That charges have accrued and include an itemized 249 statement of the amount thereof. 250 7.That the lien is subject to enforcement under law and 251 that the owner or lienholder, if any, has the right to a hearing 252 as set forth in subsection (5). 253 8.That any vehicle or vessel that remains unclaimed, or 254 for which the charges for recovery, towing, or storage services 255 remain unpaid, may be sold free of all prior liens 35 days after 256 the vehicle or vessel is stored by the lienor if the vehicle or 257 vessel is more than 3 years of age or 65 50 days after the 258 vehicle or vessel is stored by the lienor if the vehicle or 259 vessel is 3 years of age or less. 260 9.The address at which the vehicle or vessel is physically 261 located. 262 (d)The notice of lien may not be sent to the registered 263 owner, the insurance company insuring the vehicle or vessel, and 264 all other persons claiming a lien thereon less than 30 days 265 before the sale of a the vehicle or vessel that is more than 3 266 years of age or less than 60 days before the sale of a vehicle 267 or vessel that is 3 years of age or less. 268 (e)If attempts to locate the name and address of the owner 269 or lienholder are prove unsuccessful, 4 the towing-storage 270 operator shall, after 7 business days, excluding a Saturday, and 271 Sunday, or federal legal holiday, after the initial tow or 272 storage, the towing-storage operator must notify the public 273 agency of jurisdiction where the vehicle or vessel is stored in 274 writing by certified mail or electronic delivery acknowledged 275 hand delivery that the towing-storage company has been unable to 276 locate the name and address of the owner or lienholder and a 277 physical search of the vehicle or vessel has disclosed no 278 ownership information and a good faith effort has been made, 279 including records checks of the Department of Highway Safety and 280 Motor Vehicles database and the National Motor Vehicle Title 281 Information System or an equivalent commercially available 282 system. For purposes of this paragraph and subsection (9), the 283 term good faith effort means that the following checks have 284 been performed by the company to establish the prior state of 285 registration and for title: 286 1.A check of the departments database for the owner and 287 any lienholder. 288 2.A check of the electronic National Motor Vehicle Title 289 Information System or an equivalent commercially available 290 system to determine the state of registration when there is not 291 a current registration record for the vehicle or vessel on file 292 with the department. 293 3.A check of the vehicle or vessel for any type of tag, 294 tag record, temporary tag, or regular tag. 295 4.A check of the law enforcement report for a tag number 296 or other information identifying the vehicle or vessel, if the 297 vehicle or vessel was towed at the request of a law enforcement 298 officer. 299 5.A check of the trip sheet or tow ticket of the tow truck 300 operator to determine whether a tag was on the vehicle or vessel 301 at the beginning of the tow, if a private tow. 302 6.If there is no address of the owner on the impound 303 report, a check of the law enforcement report to determine 304 whether an out-of-state address is indicated from driver license 305 information. 306 7.A check of the vehicle or vessel for an inspection 307 sticker or other stickers and decals that may indicate a state 308 of possible registration. 309 8.A check of the interior of the vehicle or vessel for any 310 papers that may be in the glove box, trunk, or other areas for a 311 state of registration. 312 9.A check of the vehicle for a vehicle identification 313 number. 314 10.A check of the vessel for a vessel registration number. 315 11.A check of the vessel hull for a hull identification 316 number which should be carved, burned, stamped, embossed, or 317 otherwise permanently affixed to the outboard side of the 318 transom or, if there is no transom, to the outmost seaboard side 319 at the end of the hull that bears the rudder or other steering 320 mechanism. 321 (5)(a)The owner of a vehicle or vessel removed pursuant to 322 paragraph (2)(b) subsection (2), or any person claiming a lien, 323 other than the towing-storage operator, within 10 days after the 324 time she or he has knowledge of the location of the vehicle or 325 vessel, may file a complaint in the county court of the county 326 in which the vehicle or vessel is stored to determine whether 327 her or his property was wrongfully taken or withheld. 328 (6)A vehicle or vessel that is stored pursuant to 329 paragraph (2)(b) subsection (2) and remains unclaimed, or for 330 which reasonable charges for recovery, towing, or storing remain 331 unpaid, and any contents not released pursuant to subsection 332 (10), may be sold by the owner or operator of the storage space 333 for such towing or storage charge 35 days after the vehicle or 334 vessel is stored by the lienor if the vehicle or vessel is more 335 than 3 years of age or 65 50 days after the vehicle or vessel is 336 stored by the lienor if the vehicle or vessel is 3 years of age 337 or less. The sale must shall be at public sale for cash. If the 338 date of the sale was not included in the notice required in 339 subsection (4), notice of the sale must shall be given to the 340 person in whose name the vehicle or vessel is registered and to 341 all persons claiming a lien on the vehicle or vessel as shown on 342 the records of the Department of Highway Safety and Motor 343 Vehicles or of any corresponding agency in any other state in 344 which the vehicle is identified through a records check of the 345 National Motor Vehicle Title Information System or an equivalent 346 commercially available system as being titled. Notice of the 347 sale must be sent by certified mail to the registered owner of 348 the vehicle or vessel, the insurance company insuring the 349 vehicle or vessel, and the person having the recorded lien on 350 the vehicle or vessel at the address shown on the records of the 351 registering agency at least 30 days before the sale of the 352 vehicle or vessel. The notice must have clearly identified and 353 printed, if the claim of lien is for a motor vehicle, The last 8 354 digits of the vehicle identification number of the motor vehicle 355 subject to the lien, or, if the claim of lien is for a vessel, 356 the hull identification number of the vessel subject to the 357 lien, must be clearly identified and printed in the delivery 358 address box and on the outside of the envelope sent to the 359 registered owner and all other persons claiming an interest in 360 therein or lien on the vehicle or vessel thereon. The notice 361 must be sent to the owner of the vehicle or vessel and the 362 person having the recorded lien on the vehicle or vessel at the 363 address shown on the records of the registering agency at least 364 30 days before the sale of the vehicle or vessel. The notice 365 must state the name, physical address, and telephone number of 366 the lienor, and the vehicle identification number if the claim 367 of lien is for a vehicle or the hull identification number if 368 the claim of lien is for a vessel, all of which must also appear 369 in the return address section on the outside of the envelope 370 containing the notice of sale. After diligent search and 371 inquiry, if the name and address of the registered owner or the 372 owner of the recorded lien cannot be ascertained, the 373 requirements of notice by mail may be dispensed with. In 374 addition to the notice by mail, public notice of the time and 375 place of sale must shall be made by publishing a notice thereof 376 one time, at least 20 10 days before the date of the sale, in a 377 newspaper of general circulation in the county in which the sale 378 is to be held. The proceeds of the sale, after payment of 379 reasonable towing and storage charges, and costs of the sale, in 380 that order of priority, must shall be deposited with the clerk 381 of the circuit court for the county if the owner or lienholder 382 is absent, and the clerk shall hold such proceeds subject to the 383 claim of the owner or lienholder legally entitled thereto. The 384 clerk is shall be entitled to receive 5 percent of such proceeds 385 for the care and disbursement thereof. The certificate of title 386 issued under this section must this law shall be discharged of 387 all liens unless otherwise provided by court order. The owner or 388 lienholder may file a complaint after the vehicle or vessel has 389 been sold in the county court of the county in which it is 390 stored. Upon determining the respective rights of the parties, 391 the court may award damages, attorney fees, and costs in favor 392 of the prevailing party. 393 (8)A towing-storage operator person regularly engaged in 394 the business of recovering, towing, or storing vehicles or 395 vessels, except a person licensed under chapter 493 while 396 engaged in repossession activities as defined in s. 493.6101, 397 may not operate a wrecker, tow truck, or car carrier unless the 398 name, address, and telephone number of the company performing 399 the service is clearly printed in contrasting colors on the 400 driver and passenger sides of its vehicle. The name must be in 401 at least 3-inch permanently affixed letters, and the address and 402 telephone number must be in at least 1-inch permanently affixed 403 letters. 404 (9)Failure to make good faith efforts to substantially 405 comply with the notice requirements of this section or precludes 406 the imposition of any storage charges against the vehicle or 407 vessel. If a lienor fails to provide notice to a person claiming 408 a lien on a vehicle or vessel in accordance with subsection (4) 409 precludes the imposition of storage charges against the vehicle 410 or vessel, the lienor may not charge the person for more than 4 411 7 days of storage, but such failure does not affect charges made 412 for towing the vehicle or vessel or the priority of liens on the 413 vehicle or vessel. 414 (10)A towing-storage operator must Persons who provide 415 services pursuant to this section shall permit vehicle or vessel 416 owners, including rental vehicle or vessel owners, lienholders, 417 insurance company representatives, or their agents, which agency 418 is evidenced by an original writing acknowledged by the owner 419 before a notary public or other person empowered by law to 420 administer oaths, to inspect the towed vehicle or vessel and 421 shall release to the owner, lienholder, or agent the vehicle, 422 vessel, or all personal property not affixed to the vehicle or 423 vessel which was in the vehicle or vessel at the time the 424 vehicle or vessel came into the custody of the towing-storage 425 operator. A towing-storage operator must allow vehicle or vessel 426 owners, rental vehicle or vessel owners, lienholders, insurance 427 company representatives, or their agents to inspect the towed 428 vehicle or vessel during normal business hours within 30 minutes 429 after their arrival at the storage site where the vehicle or 430 vessel is stored. A photocopy of an agency agreement is 431 sufficient evidence of agency. A rental vehicle or vessel 432 agreement is not evidence that the person who rented a vehicle 433 or vessel is an agent of the rental vehicle or vessel owner. 434 Towing-storage operators must accept a photocopy of a contract, 435 an electronic title, or a paper title as evidence of a persons 436 interest in a vehicle or vessel person providing such services. 437 (11)(a)A towing-storage operator Any person regularly 438 engaged in the business of recovering, towing, or storing 439 vehicles or vessels who comes into possession of a vehicle or 440 vessel pursuant to paragraph (2)(b) subsection (2) and who has 441 complied with the provisions of subsections (4) (3) and (6), 442 when such vehicle or vessel is to be sold for purposes of being 443 dismantled, destroyed, or changed in such manner that it is not 444 the motor vehicle or vessel described in the certificate of 445 title, must shall report the vehicle to the National Motor 446 Vehicle Title Information System and apply to the Department of 447 Highway Safety and Motor Vehicles for a certificate of 448 destruction. A certificate of destruction, which authorizes the 449 dismantling or destruction of the vehicle or vessel described 450 therein, is shall be reassignable a maximum of two times before 451 dismantling or destruction of the vehicle is shall be required, 452 and must shall accompany the vehicle or vessel for which it is 453 issued, when such vehicle or vessel is sold for such purposes, 454 in lieu of a certificate of title. The application for a 455 certificate of destruction must include proof of reporting to 456 the National Motor Vehicle Title Information System and an 457 affidavit from the applicant that she or he it has complied with 458 all applicable requirements of this section and, if the vehicle 459 or vessel is not registered in this state or any other state, by 460 a statement from a law enforcement officer that the vehicle or 461 vessel is not reported stolen, and must shall be accompanied by 462 such documentation as may be required by the department. 463 (12)(a)Any person who violates paragraph (2)(b) any 464 provision of subsection (1), subsection (2), subsection (4), 465 subsection (5), subsection (6), or subsection (7) is guilty of a 466 misdemeanor of the first degree, punishable as provided in s. 467 775.082 or s. 775.083. 468 (d)Employees of the Department of Highway Safety and Motor 469 Vehicles and law enforcement officers are authorized to inspect 470 the records of a towing-storage operator any person regularly 471 engaged in the business of recovering, towing, or storing 472 vehicles or vessels or transporting vehicles or vessels by 473 wrecker, tow truck, or car carrier, to ensure compliance with 474 the requirements of this section. A towing-storage operator Any 475 person who fails to maintain records, or fails to produce 476 records when required in a reasonable manner and at a reasonable 477 time, commits a misdemeanor of the first degree, punishable as 478 provided in s. 775.082 or s. 775.083. 479 (13)(a)Upon receipt by the Department of Highway Safety 480 and Motor Vehicles of written notice from a wrecker operator who 481 claims a wrecker operators lien under subparagraph (2)(b)4. 482 paragraph (2)(d) for recovery, towing, or storage of an 483 abandoned vehicle or vessel upon instructions from any law 484 enforcement agency, for which a certificate of destruction has 485 been issued under subsection (11) and the vehicle has been 486 reported to the National Motor Vehicle Title Information System, 487 the department shall place the name of the registered owner of 488 that vehicle or vessel on the list of those persons who may not 489 be issued a license plate or revalidation sticker for any motor 490 vehicle under s. 320.03(8). If the vehicle or vessel is owned 491 jointly by more than one person, the name of each registered 492 owner must shall be placed on the list. The notice of wrecker 493 operators lien must shall be submitted on forms provided by the 494 department and, which must include all of the following: 495 1.The name, address, and telephone number of the wrecker 496 operator. 497 2.The name of the registered owner of the vehicle or 498 vessel and the address to which the wrecker operator provided 499 notice of the lien to the registered owner under subsection (4). 500 3.A general description of the vehicle or vessel, 501 including its color, make, model, body style, and year. 502 4.The vehicle identification number (VIN); registration 503 license plate number, state, and year; validation decal number, 504 state, and year; vessel registration number; hull identification 505 number; or other identification number, as applicable. 506 5.The name of the person or the corresponding law 507 enforcement agency that requested that the vehicle or vessel be 508 recovered, towed, or stored. 509 6.The amount of the wrecker operators lien, not to exceed 510 the amount allowed by paragraph (b). 511 (b)For purposes of this subsection only, the amount of the 512 wrecker operators lien for which the department will prevent 513 issuance of a license plate or revalidation sticker may not 514 exceed the amount of the charges for recovery, towing, and 515 storage of the vehicle or vessel for 7 days. These charges may 516 not exceed the maximum rates imposed by the ordinances of the 517 respective county or municipality under ss. 125.0103(1)(c) and 518 166.043(1)(c). This paragraph does not limit the amount of a 519 wrecker operators lien claimed under paragraph (2)(b) 520 subsection (2) or prevent a wrecker operator from seeking civil 521 remedies for enforcement of the entire amount of the lien, but 522 limits only that portion of the lien for which the department 523 will prevent issuance of a license plate or revalidation 524 sticker. 525 (d)Upon discharge of the amount of the wrecker operators 526 lien allowed by paragraph (b), the wrecker operator must issue a 527 certificate of discharged wrecker operators lien on forms 528 provided by the department to each registered owner of the 529 vehicle or vessel attesting that the amount of the wrecker 530 operators lien allowed by paragraph (b) has been discharged. 531 Upon presentation of the certificate of discharged wrecker 532 operators lien by the registered owner, the department must 533 shall immediately remove the registered owners name from the 534 list of those persons who may not be issued a license plate or 535 revalidation sticker for any motor vehicle under s. 320.03(8), 536 thereby allowing issuance of a license plate or revalidation 537 sticker. Issuance of a certificate of discharged wrecker 538 operators lien under this paragraph does not discharge the 539 entire amount of the wrecker operators lien claimed under 540 paragraph (2)(b) subsection (2), but only certifies to the 541 department that the amount of the wrecker operators lien 542 allowed by paragraph (b), for which the department will prevent 543 issuance of a license plate or revalidation sticker, has been 544 discharged. 545 (18)A towing-storage operator must retain for 3 years 546 records produced for all vehicles or vessels recovered, towed, 547 stored, or released. Such records must include at least all of 548 the following: 549 (a)All notice publications and certified mailings. 550 (b)The purchase price of any unclaimed vehicle or vessel 551 sold. 552 (c)The names and addresses of persons to which vehicles or 553 vessels were released. 554 (d)The names and addresses of vehicle or vessel 555 purchasers. 556 (e)All fees imposed under this section. 557 (19)This section is the exclusive remedy for the placement 558 or foreclosure of a storage lien placed on a vehicle or vessel 559 pursuant to ss. 83.19 and 677.210. 560 (20)(a)A towing-storage operator must accept payment for 561 accrued charges from an authorized person listed in subsection 562 (10) in any form from at least two of the following 563 subparagraphs: 564 1.Cash, cashiers check, money order, or travelers check. 565 2.Bank, debit, or credit card. 566 3.Mobile payment service, digital wallet, or other 567 electronic payment system. 568 (b)Any of the authorized persons listed in subsection (10) 569 are not required to furnish more than one form of current 570 government photo identification when payment is made in any of 571 the forms listed in paragraph (a). Presenting one form of 572 current government photo identification constitutes sufficient 573 identity verification for the purposes of this subsection. 574 Section 3.Subsection (5) is added to section 83.19, 575 Florida Statutes, to read: 576 83.19Sale of property distrained. 577 (5)A lien on a vehicle or vessel, as those terms are 578 defined in s. 713.78(1), of a tenant or lessee must be 579 foreclosed pursuant to s. 713.78 and may not be foreclosed under 580 this chapter. 581 Section 4.Section 83.805, Florida Statutes, is amended to 582 read: 583 83.805Lien. 584 (1)The owner of a self-service storage facility or self 585 contained storage unit and the owners heirs, executors, 586 administrators, successors, and assigns have a lien upon all 587 personal property, whether or not owned by the tenant, located 588 at a self-service storage facility or in a self-contained 589 storage unit for rent, labor charges, or other charges, present 590 or future, in relation to the personal property and for expenses 591 necessary for its preservation or expenses reasonably incurred 592 in its sale or other disposition pursuant to ss. 83.801-83.809. 593 The lien provided for in this section attaches as of the date 594 that the personal property is brought to the self-service 595 storage facility or as of the date the tenant takes possession 596 of the self-contained storage unit, and the priority of this 597 lien shall be the same as provided in s. 83.08; however, in the 598 event of default, the owner must give notice to persons who hold 599 perfected security interests under the Uniform Commercial Code 600 in which the tenant is named as the debtor. 601 (2)A lien on a vehicle or vessel, as those terms are 602 defined in s. 713.78(1), of a tenant or lessee must be 603 foreclosed pursuant to s. 713.78 and may not be foreclosed under 604 this chapter. 605 Section 5.Subsection (1), paragraphs (a) and (b) of 606 subsection (4), and subsections (8) and (10) of section 83.806, 607 Florida Statutes, are amended to read: 608 83.806Enforcement of lien.An owners lien as provided in 609 s. 83.805 may be satisfied as follows: 610 (1)The tenant shall be notified by written notice 611 delivered in person, by e-mail, or by first-class mail with a 612 certificate of mailing to the tenants last known address and 613 the last known address of the alternate contact person 614 designated by the tenant under the rental agreement, if any, and 615 conspicuously posted at the self-service storage facility or on 616 the self-contained storage unit. If the owner sends notice of a 617 pending sale of property to the tenants and alternate contact 618 persons last known e-mail address and does not receive a 619 response, return receipt, or delivery confirmation from the same 620 e-mail address, the owner must send notice of the sale to the 621 tenant and alternate contact person by first-class mail with a 622 certificate of mailing to the tenants and alternate contact 623 persons last known address before proceeding with the sale. 624 (4)After the expiration of the time given in the notice, 625 an advertisement of the sale or other disposition shall be 626 published once a week for 2 consecutive weeks in a newspaper of 627 general circulation in the area where the self-service storage 628 facility or self-contained storage unit is located. 629 (a)A lien sale may be conducted on a public website that 630 customarily conducts personal property auctions. The facility or 631 unit owner is not required to hold a license to post property 632 for online sale. Inasmuch As any sale may involve property of 633 more than one tenant, a single advertisement may be used to 634 dispose of property at any one sale. 635 (b)The advertisement shall include: 636 1.A brief and general description of what is believed to 637 constitute the personal property contained in the storage unit, 638 as provided in paragraph (2)(b). 639 2.The address of the self-service storage facility or the 640 address where the self-contained storage unit is located and the 641 name of the tenant. 642 3.The time, place, and manner of the sale or other 643 disposition. The sale or other disposition shall take place at 644 least 10 15 days after the first publication. 645 (8)In the event of a sale under this section, the owner 646 may satisfy his or her lien from the proceeds of the sale, 647 provided the owners lien has priority over all other liens in 648 the personal property. The lien rights of secured lienholders 649 are automatically transferred to the remaining proceeds of the 650 sale. The balance, if any, must shall be held by the owner for 651 delivery on demand to the tenant. A notice of any balance must 652 shall be delivered by the owner to the tenant and the alternate 653 contact person designated by the tenant under the rental 654 agreement, if any, in person or by first-class mail with a 655 certificate of mailing to the last known address of the tenant 656 and alternate contact person. If the tenant does not claim the 657 balance of the proceeds within 2 years after the date of sale, 658 the proceeds are shall be deemed abandoned, and the owner has 659 shall have no further obligation with regard to the payment of 660 the balance. In the event that the owners lien does not have 661 priority over all other liens, the sale proceeds must shall be 662 held for the benefit of the holders of those liens having 663 priority. A notice of the amount of the sale proceeds must shall 664 be delivered by the owner to the tenant; alternate contact 665 person, if any; and or secured lienholders in person or by 666 first-class mail with a certificate of mailing to their last 667 known addresses. If the tenant or the secured lienholders do not 668 claim the sale proceeds within 2 years after the date of sale, 669 the proceeds are shall be deemed abandoned, and the owner has 670 shall have no further obligation with regard to the payment of 671 the proceeds. 672 (10)(a)If a lien is claimed on property that is a motor 673 vehicle or vessel a watercraft and rent and other charges 674 related to the property remain unpaid or unsatisfied for 60 days 675 after the maturity of the obligation to pay the rent and other 676 charges, the facility or unit owner may sell the property 677 pursuant to this section or have the property towed. 678 (b)If a facility or unit owner intends to sell the vehicle 679 or vessel, the facility or unit owner must conduct a check of 680 records with the Department of Highway Safety and Motor 681 Vehicles. In the event that no current registration is found in 682 the search, the facility or unit owner must conduct a search 683 through the National Motor Vehicle Title Information System or 684 an equivalent commercially available system. If a person 685 claiming a lien is not identified in either search, the property 686 may be sold by the facility or unit owner pursuant to this 687 section. The facility or unit owner must send a notice of lien 688 by certified mail to all persons claiming a lien at least 30 689 days before the date of the sale. The notice must state all of 690 the following: 691 1.The make, model, and last 8 digits of the vehicle 692 identification number of the vehicle subject to the lien, or, if 693 the claim of lien is for a vessel, the hull identification 694 number of the vessel subject to the lien. Such information must 695 be clearly printed in the delivery address box and on the 696 outside of the envelope sent to the registered owner and all 697 other persons claiming an interest in or a lien on the vehicle 698 or vessel. 699 2.The name, physical address, and telephone number of the 700 facility or unit owner, and the entity name, as registered with 701 the Division of Corporations, of the business where the vehicle 702 or vessel is stored, which must also appear on the outside of 703 the envelope sent to all persons claiming a lien on the vehicle 704 or vessel. 705 3.The fact of possession of the vehicle or vessel. 706 4.The name of the person or entity listed as tenant in the 707 rental agreement. 708 5.That a lien is claimed. 709 6.That charges have accrued and include an itemized 710 statement of the amount thereof. 711 7.That any vehicle or vessel that remains unclaimed may be 712 sold free of all prior liens 30 days after notification is sent. 713 8.The address at which the vehicle or vessel is physically 714 located. 715 (c)At any time before the proposed or scheduled date of 716 sale of a vehicle or vessel, a person claiming an interest in or 717 a lien on the vehicle or vessel may request to inspect the 718 vehicle or vessel. The facility or unit owner must make the 719 vehicle or vessel available for inspection during regular 720 business hours within 3 business days after receiving a written 721 request to inspect the vehicle or vessel. 722 (d)At any time before the sale of the vehicle or vessel, a 723 person of record claiming a lien against the vehicle or vessel 724 may have her or his vehicle or vessel released upon posting with 725 the clerk of the court in the county in which the vehicle or 726 vessel is held a cash or surety bond or other adequate security 727 equal to the amount of the storage charges and administrative 728 fees required to ensure the payment of such charges in the event 729 she or he does not prevail. A particular form for posting the 730 bond is not required unless the clerk provides such form to the 731 customer or person for filing. Upon the posting of the bond and 732 the payment of the applicable fee set forth in s. 28.24, the 733 clerk of the court shall automatically issue a certificate 734 notifying the facility or unit owner of the posting of the bond 735 and directing the owner to release the vehicle or vessel to the 736 person of record claiming a lien against the vehicle or vessel. 737 The certificate must be presented during regular business hours. 738 The facility or unit owner, or an employee or agent thereof who 739 is authorized to release the vehicle or vessel and who, upon 740 receiving a copy of a certificate giving notice of the posting 741 of the bond in the required amount and directing release of the 742 vehicle or vessel, fails to release or return the property to 743 the person of record claiming a lien pursuant to this section, 744 commits a misdemeanor of the second degree, punishable as 745 provided in s. 775.082 or s. 775.083. 746 (e)The person of record claiming a lien against a vehicle 747 or vessel has 30 days after the issuance of the certificate by 748 the clerk to file a lawsuit to determine the validity of the 749 storage charges. Upon determining the respective rights of the 750 parties under this section, the court may award damages, 751 attorney fees, and costs in favor of the prevailing party. Upon 752 failure of the party posting the bond to timely file suit and a 753 request by the facility or unit owner, the clerk must release 754 the cash or surety bond to the facility or unit owner. 755 (f)Failure to make good faith efforts, as defined in s. 756 713.78(1), to comply with the notice requirements of this 757 section precludes the imposition of any storage charges against 758 the vehicle or vessel. 759 (g)A copy of the notice of sale, proof of notice mailed to 760 any person claiming a lien as required herein, and proof of the 761 required check of the records of the Department of Highway 762 Safety and Motor Vehicles and the National Motor Vehicle Title 763 Information System or an equivalent commercially available 764 system, if applicable, shall constitute satisfactory proof for 765 application to the Department of Highway Safety and Motor 766 Vehicles for transfer of title, together with any other proof 767 required by any rules and regulations of the department. 768 (h)If a motor vehicle or vessel watercraft is towed, the 769 facility or unit owner is not liable for the motor vehicle or 770 vessel watercraft or any damages to the motor vehicle or vessel 771 watercraft once a wrecker takes possession of the property. The 772 wrecker taking possession of the property must comply with all 773 notification and sale requirements provided in s. 713.78. 774 Section 6.Subsection (4) is added to section 83.808, 775 Florida Statutes, to read: 776 83.808Contracts. 777 (4)A rental agreement must contain a provision that 778 authorizes the tenant to designate an optional alternate contact 779 person. The alternate contact person may be contacted only for 780 purposes of providing notice under s. 83.806 or as otherwise 781 authorized by the rental agreement. Designating an alternate 782 contact person does not give such person an interest in the 783 contents stored at the self-service storage facility or in the 784 self-contained storage unit. 785 Section 7.Subsection (10) is added to section 677.210, 786 Florida Statutes, to read: 787 677.210Enforcement of warehouses lien. 788 (10)A lien on a vehicle or vessel, as those terms are 789 defined in s. 713.78(1), must be foreclosed pursuant to s. 790 713.78 and may not be foreclosed under this chapter. 791 Section 8.Paragraph (a) of subsection (2) of section 792 715.07, Florida Statutes, is amended to read: 793 715.07Vehicles or vessels parked on private property; 794 towing. 795 (2)The owner or lessee of real property, or any person 796 authorized by the owner or lessee, which person may be the 797 designated representative of the condominium association if the 798 real property is a condominium, may cause any vehicle or vessel 799 parked on such property without her or his permission to be 800 removed by a person regularly engaged in the business of towing 801 vehicles or vessels, without liability for the costs of removal, 802 transportation, or storage or damages caused by such removal, 803 transportation, or storage, under any of the following 804 circumstances: 805 (a)The towing or removal of any vehicle or vessel from 806 private property without the consent of the registered owner or 807 other legally authorized person in control of that vehicle or 808 vessel is subject to substantial compliance with the following 809 conditions and restrictions: 810 1.a.Any towed or removed vehicle or vessel must be stored 811 at a site within a 10-mile radius of the point of removal in any 812 county of 500,000 population or more, and within a 15-mile 813 radius of the point of removal in any county of fewer than 814 500,000 population. That site must be open for the purpose of 815 redemption of vehicles on any day that the person or firm towing 816 such vehicle or vessel is open for towing purposes, from 8:00 817 a.m. to 6:00 p.m., and, when closed, shall have prominently 818 posted a sign indicating a telephone number where the operator 819 of the site can be reached at all times. Upon receipt of a 820 telephoned request to open the site to redeem a vehicle or 821 vessel, the operator shall return to the site within 1 hour or 822 she or he will be in violation of this section. 823 b.If no towing business providing such service is located 824 within the area of towing limitations set forth in sub 825 subparagraph a., the following limitations apply: any towed or 826 removed vehicle or vessel must be stored at a site within a 20 827 mile radius of the point of removal in any county of 500,000 828 population or more, and within a 30-mile radius of the point of 829 removal in any county of fewer than 500,000 population. 830 2.The person or firm towing or removing the vehicle or 831 vessel shall, within 30 minutes after completion of such towing 832 or removal, notify the municipal police department or, in an 833 unincorporated area, the sheriff, of such towing or removal, the 834 storage site, the time the vehicle or vessel was towed or 835 removed, and the make, model, color, and license plate number of 836 the vehicle or description and registration number of the vessel 837 and shall obtain the name of the person at that department to 838 whom such information was reported and note that name on the 839 trip record. 840 3.A person in the process of towing or removing a vehicle 841 or vessel from the premises or parking lot in which the vehicle 842 or vessel is not lawfully parked must stop when a person seeks 843 the return of the vehicle or vessel. The vehicle or vessel must 844 be returned upon the payment of a reasonable service fee of not 845 more than one-half of the posted rate for the towing or removal 846 service as provided in subparagraph 6. The vehicle or vessel may 847 be towed or removed if, after a reasonable opportunity, the 848 owner or legally authorized person in control of the vehicle or 849 vessel is unable to pay the service fee. If the vehicle or 850 vessel is redeemed, a detailed signed receipt must be given to 851 the person redeeming the vehicle or vessel. 852 4.A person may not pay or accept money or other valuable 853 consideration for the privilege of towing or removing vehicles 854 or vessels from a particular location. 855 5.Except for property appurtenant to and obviously a part 856 of a single-family residence, and except for instances when 857 notice is personally given to the owner or other legally 858 authorized person in control of the vehicle or vessel that the 859 area in which that vehicle or vessel is parked is reserved or 860 otherwise unavailable for unauthorized vehicles or vessels and 861 that the vehicle or vessel is subject to being removed at the 862 owners or operators expense, any property owner or lessee, or 863 person authorized by the property owner or lessee, before towing 864 or removing any vehicle or vessel from private property without 865 the consent of the owner or other legally authorized person in 866 control of that vehicle or vessel, must post a notice meeting 867 the following requirements: 868 a.The notice must be prominently placed at each driveway 869 access or curb cut allowing vehicular access to the property 870 within 10 feet from the road, as defined in s. 334.03(22). If 871 there are no curbs or access barriers, the signs must be posted 872 not fewer than one sign for each 25 feet of lot frontage. 873 b.The notice must clearly indicate, in not fewer than 2 874 inch high, light-reflective letters on a contrasting background, 875 that unauthorized vehicles will be towed away at the owners 876 expense. The words tow-away zone must be included on the sign 877 in not fewer than 4-inch high letters. 878 c.The notice must also provide the name and current 879 telephone number of the person or firm towing or removing the 880 vehicles or vessels. 881 d.The sign structure containing the required notices must 882 be permanently installed with the words tow-away zone not 883 fewer than 3 feet and not more than 6 feet above ground level 884 and must be continuously maintained on the property for not 885 fewer than 24 hours before the towing or removal of any vehicles 886 or vessels. 887 e.The local government may require permitting and 888 inspection of these signs before any towing or removal of 889 vehicles or vessels being authorized. 890 f.A business with 20 or fewer parking spaces satisfies the 891 notice requirements of this subparagraph by prominently 892 displaying a sign stating Reserved Parking for Customers Only 893 Unauthorized Vehicles or Vessels Will be Towed Away At the 894 Owners Expense in not fewer than 4-inch high, light-reflective 895 letters on a contrasting background. 896 g.A property owner towing or removing vessels from real 897 property must post notice, consistent with the requirements in 898 sub-subparagraphs a.-f., which apply to vehicles, that 899 unauthorized vehicles or vessels will be towed away at the 900 owners expense. 901 902 A business owner or lessee may authorize the removal of a 903 vehicle or vessel by a towing company when the vehicle or vessel 904 is parked in such a manner that restricts the normal operation 905 of business; and if a vehicle or vessel parked on a public 906 right-of-way obstructs access to a private driveway the owner, 907 lessee, or agent may have the vehicle or vessel removed by a 908 towing company upon signing an order that the vehicle or vessel 909 be removed without a posted tow-away zone sign. 910 6.Any person or firm that tows or removes vehicles or 911 vessels and proposes to require an owner, operator, or person in 912 control or custody of a vehicle or vessel to pay the costs of 913 towing and storage before redemption of the vehicle or vessel 914 must file and keep on record with the local law enforcement 915 agency a complete copy of the current rates to be charged for 916 such services and post at the storage site an identical rate 917 schedule and any written contracts with property owners, 918 lessees, or persons in control of property which authorize such 919 person or firm to remove vehicles or vessels as provided in this 920 section. 921 7.Any person or firm towing or removing any vehicles or 922 vessels from private property without the consent of the owner 923 or other legally authorized person in control or custody of the 924 vehicles or vessels shall, on any trucks, wreckers as defined in 925 s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 926 towing or removal, have the name, address, and telephone number 927 of the company performing such service clearly printed in 928 contrasting colors on the driver and passenger sides of the 929 vehicle. The name shall be in at least 3-inch permanently 930 affixed letters, and the address and telephone number shall be 931 in at least 1-inch permanently affixed letters. 932 8.Vehicle entry for the purpose of removing the vehicle or 933 vessel shall be allowed with reasonable care on the part of the 934 person or firm towing the vehicle or vessel. Such person or firm 935 shall be liable for any damage occasioned to the vehicle or 936 vessel if such entry is not in accordance with the standard of 937 reasonable care. 938 9.When a vehicle or vessel has been towed or removed 939 pursuant to this section, it must be released to its owner or 940 person in control or custody within 1 hour after requested. Any 941 vehicle or vessel owner or person in control or custody has the 942 right to inspect the vehicle or vessel before accepting its 943 return, and no release or waiver of any kind which would release 944 the person or firm towing the vehicle or vessel from liability 945 for damages noted by the owner or person in control or custody 946 at the time of the redemption may be required from any vehicle 947 or vessel owner or person in control or custody as a condition 948 of release of the vehicle or vessel to its owner or person in 949 control or custody. A detailed receipt showing the legal name of 950 the company or person towing or removing the vehicle or vessel 951 must be given to the person paying towing or storage charges at 952 the time of payment, whether requested or not. 953 Section 9.This act shall take effect July 1, 2024.