Florida Senate - 2024 CS for SB 774 By the Committee on Community Affairs; and Senator Perry 578-03038-24 2024774c1 1 A bill to be entitled 2 An act relating to towing and storage; amending s. 3 83.19, F.S.; conforming provisions to changes made by 4 this act; amending ss. 125.0103 and 166.043, F.S.; 5 requiring certain counties and municipalities to 6 publish specified rates on their websites and 7 establish a specified process; providing that rates 8 established by the Division of Florida Highway Patrol 9 apply to certain areas of the state; amending s. 10 321.051, F.S.; requiring the Department of Highway 11 Safety and Motor Vehicles to publish certain rates on 12 its website and establish a specified process; 13 prohibiting the Division of Florida Highway Patrol 14 from excluding or failing to designate certain wrecker 15 operators from the wrecker operator system solely 16 because the wrecker operator has been convicted of 17 certain felonies; amending s. 677.210, F.S.; requiring 18 certain vehicles or vessels to be foreclosed pursuant 19 to certain provisions; amending s. 713.78, F.S.; 20 providing and reordering definitions; authorizing 21 towing-storage operators to charge certain fees; 22 requiring that towing-storage operators who come into 23 possession of a vehicle or vessel and claim a lien on 24 it give certain notice to the vehicle or vessel owner; 25 prohibiting towing-storage operators from charging a 26 storage fee if the vehicle or vessel is stored under 27 certain circumstances; revising requirements for law 28 enforcement agencies and the department relating to 29 the removal of vehicles or vessels; revising 30 requirements for notices of lien; requiring towing 31 storage operators in possession of a vehicle or vessel 32 to request certain information from law enforcement if 33 a third-party service cannot provide it; revising 34 requirements for towing-storage operators providing 35 notice to public agencies of jurisdiction; revising 36 the timeframe within which certain unclaimed vehicles 37 or vessels may be sold; revising requirements for 38 notices of sale; authorizing certain persons with an 39 interest on a vehicle or vessel in the possession of a 40 towing-storage operator to initiate judicial 41 proceedings where the vehicle or vessel was taken from 42 to determine certain findings; authorizing certain 43 interested parties of a vehicle or vessel to take 44 possession of it prior to sale if the interested party 45 posts a cash or surety bond with the county clerk of 46 courts without first initiating judicial proceedings; 47 requiring the clerk of court to issue a certificate 48 notifying the towing-storage operator of the posting 49 of the bond and to direct the towing-storage operator 50 to release the vehicle or vessel to the interested 51 party; requiring the party who posts the bond to give 52 a receipt to the towing-storage operator reciting any 53 property loss or damage to the vehicle or vessel or 54 the contents thereof, and waiving such claims if such 55 receipt is not provided; providing criminal penalties 56 for towing-storage operators who fail to release or 57 return the vehicle or vessel to the interested party 58 after posting a cash or surety bond; requiring the 59 clerk of courts to release the cash or surety bond to 60 the towing-storage operator if the interested party 61 does not initiate judicial proceedings within a 62 certain timeframe; requiring the court award all fees 63 to the towing-storage operator if he or she prevails 64 in the judicial proceedings; revising the timeframes 65 within which certain vehicles or vessels may be sold 66 by a towing-storage operator if the vehicle or vessel 67 is being stored by the lienor; revising notice 68 requirements for sale; requiring approved third-party 69 services to publish public notices of sale and report 70 certain information by specified means to the 71 department; providing the maximum fee that approved 72 third-party services may collect and retain for such 73 services; revising provisions for permission to 74 inspect a vehicle or vessel; revising how many days a 75 lienor may not charge for storage for failing to 76 comply with the notice requirements; providing 77 timeframes within which a vehicle, vessel, or personal 78 property must be made available for inspection and 79 release; revising criminal penalties; requiring 80 towing-storage operators to accept certain documents 81 as evidence of a persons interest in a vehicle or 82 vessel; prohibiting certain persons from being 83 required to furnish more than one form of current 84 government-issued photo identification for purposes of 85 verifying their identity; requiring towing-storage 86 operators to maintain certain records for a certain 87 period of time; requiring towing-storage operators to 88 accept certain types of payment; requiring towing 89 storage operators to maintain a rate sheet; providing 90 requirements for such rate sheet; providing that 91 certain fees are unreasonable; requiring towing 92 storage operators to maintain an itemized invoice for 93 specified fees; providing requirements for such 94 invoice; requiring disclosure of such invoice to 95 specified persons and entities within a certain 96 timeframe; providing applicability; making technical 97 changes; amending s. 715.07, F.S.; conforming a cross 98 reference; providing an effective date. 99 100 Be It Enacted by the Legislature of the State of Florida: 101 102 Section 1.Subsection (5) is added to section 83.19, 103 Florida Statutes, to read: 104 83.19Sale of property distrained. 105 (5)A lien on a vehicle or vessel, as those terms are 106 defined in s. 713.78(1), of a tenant or lessee must be 107 foreclosed pursuant to s. 713.78 and may not be foreclosed 108 pursuant to this section. 109 Section 2.Paragraphs (b) and (c) of subsection (1) of 110 section 125.0103, Florida Statutes, are amended, and paragraph 111 (d) is added to that subsection, to read: 112 125.0103Ordinances and rules imposing price controls. 113 (1) 114 (b)This section does not prevent the enactment by local 115 governments of public service rates otherwise authorized by law, 116 including water, sewer, solid waste, public transportation, 117 taxicab, or port rates;, rates for towing of vehicles or vessels 118 from or immobilization of vehicles or vessels on private 119 property;, or rates for removal and storage of wrecked or 120 disabled vehicles or vessels from an accident scene or the 121 removal and storage of vehicles or vessels, in the event the 122 owner or operator is incapacitated, unavailable, leaves the 123 procurement of wrecker service to the law enforcement officer at 124 the scene, or otherwise does not consent to the removal of the 125 vehicle or vessel. 126 (c)Counties must establish maximum rates which may be 127 charged on the towing of vehicles or vessels from or 128 immobilization of vehicles or vessels on private property or 129 which may be charged for, removal and storage of wrecked or 130 disabled vehicles or vessels from an accident scene or for the 131 removal and storage of vehicles or vessels, in the event the 132 owner or operator is incapacitated, unavailable, leaves the 133 procurement of wrecker service to the law enforcement officer at 134 the scene, or otherwise does not consent to the removal of the 135 vehicle or vessel. However, if a municipality chooses to enact 136 an ordinance establishing the maximum rates for the towing or 137 immobilization of vehicles or vessels as described in paragraph 138 (b), the countys ordinance does not apply within such 139 municipality. 140 (d)A county or municipality that has established rates as 141 described in paragraph (c) must publish such rates on its 142 website and must establish a process for investigating and 143 resolving complaints regarding fees charged in excess of such 144 rates. In counties or municipalities where no rates as described 145 in paragraph (c) have been established, the rates established by 146 the Division of Florida Highway Patrol under s. 321.051(2) apply 147 in such areas. 148 Section 3.Paragraph (c) of subsection (1) of section 149 166.043, Florida Statutes, is amended to read: 150 166.043Ordinances and rules imposing price controls. 151 (1) 152 (c)Counties must establish maximum rates which may be 153 charged on the towing of vehicles or vessels from or 154 immobilization of vehicles or vessels on private property, 155 removal and storage of wrecked or disabled vehicles or vessels 156 from an accident scene or for the removal and storage of 157 vehicles or vessels, in the event the owner or operator is 158 incapacitated, unavailable, leaves the procurement of wrecker 159 service to the law enforcement officer at the scene, or 160 otherwise does not consent to the removal of the vehicle or 161 vessel. However, if a municipality chooses to enact an ordinance 162 establishing the maximum rates for the towing or immobilization 163 of vehicles or vessels as described in paragraph (b), the 164 countys ordinance established under s. 125.0103 does not apply 165 within such municipality. A county or municipality that has 166 established maximum rates pursuant to this paragraph must 167 publish such rates on its website. A county or municipality 168 where no maximum rates have been established pursuant to this 169 paragraph, the maximum rates established by the Division of 170 Florida Highway Patrol under s. 321.051(2) apply in such areas. 171 Section 4.Subsection (2) of section 321.051, Florida 172 Statutes, is amended, and subsection (5) is added to that 173 section, to read: 174 321.051Florida Highway Patrol wrecker operator system; 175 penalties for operation outside of system. 176 (2)The Division of Florida Highway Patrol of the 177 Department of Highway Safety and Motor Vehicles is authorized to 178 establish within areas designated by the patrol a wrecker 179 operator system using qualified, reputable wrecker operators for 180 removal and storage of wrecked or disabled vehicles from a crash 181 scene or for removal and storage of abandoned vehicles, in the 182 event the owner or operator is incapacitated or unavailable or 183 leaves the procurement of wrecker service to the officer at the 184 scene. All reputable wrecker operators shall be eligible for use 185 in the system provided their equipment and drivers meet 186 recognized safety qualifications and mechanical standards set by 187 rules of the Division of Florida Highway Patrol for the size of 188 vehicle it is designed to handle. The division is authorized to 189 limit the number of wrecker operators participating in the 190 wrecker operator system, which authority shall not affect 191 wrecker operators currently participating in the system 192 established by this section. The division is authorized to 193 establish maximum rates for the towing and storage of vehicles 194 removed at the divisions request, where such rates have not 195 been set by a county or municipality pursuant to s. 125.0103 or 196 s. 166.043. Such rates shall not be considered rules for the 197 purpose of chapter 120; however, the department shall establish 198 by rule a procedure for setting such rates. The department must 199 publish on its website the maximum rates established under this 200 subsection and must establish a process for investigating and 201 resolving complaints regarding fees charged in excess of such 202 maximum rates. Any provision in chapter 120 to the contrary 203 notwithstanding, a final order of the department denying, 204 suspending, or revoking a wrecker operators participation in 205 the system shall be reviewable in the manner and within the time 206 provided by the Florida Rules of Appellate Procedure only by a 207 writ of certiorari issued by the circuit court in the county 208 wherein such wrecker operator resides. 209 (5)The Division of the Florida Highway Patrol may not 210 exclude a wrecker operator from the wrecker operator system or 211 fail to designate him or her as an authorized wrecker operator 212 based solely on a prior felony conviction unless such conviction 213 is for a forcible felony as defined in s. 776.08 or a felony 214 listed under s. 812.014(2)(c)6. or s. 812.16(2). 215 Section 5.Subsection (10) is added to section 677.210, 216 Florida Statutes, to read: 217 677.210Enforcement of warehouses lien. 218 (10)A lien on a vehicle or vessel, as those terms are 219 defined in s. 713.78(1), must be foreclosed pursuant to s. 220 713.78 and may not be foreclosed pursuant to this section. 221 Section 6.Subsections (1), (2), (4), (5), (6), (8), (9), 222 and (10), paragraph (a) of subsection (11), paragraphs (a) and 223 (d) of subsection (12), paragraphs (a), (b), and (d) of 224 subsection (13), and subsection (17) of section 713.78, Florida 225 Statutes, are amended, and subsections (18) through (21) are 226 added to that section, to read: 227 713.78Liens for recovering, towing, or storing vehicles 228 and vessels. 229 (1)For the purposes of this section, the term: 230 (g)(a)Vehicle means any mobile item, whether motorized 231 or not, which is mounted on wheels. 232 (h)(b)Vessel means every description of watercraft, 233 barge, and airboat used or capable of being used as a means of 234 transportation on water, other than a seaplane or a documented 235 vessel as defined in s. 327.02. 236 (i)(c)Wrecker means any truck or other vehicle that 237 which is used to tow, carry, or otherwise transport motor 238 vehicles or vessels upon the streets and highways of this state 239 and which is equipped for that purpose with a boom, winch, car 240 carrier, or other similar equipment. 241 (c)(d)National Motor Vehicle Title Information System 242 means the federally authorized electronic National Motor Vehicle 243 Title Information System. 244 (a)(e)Equivalent commercially available system means a 245 service that charges a fee to provide vehicle information and 246 that at a minimum maintains records from those states 247 participating in data sharing with the National Motor Vehicle 248 Title Information System. 249 (b)Good faith effort means that all of the following 250 checks have been performed by a towing-storage operator to 251 establish the prior state of registration and title of a vehicle 252 or vessel that has been towed or stored by the towing-storage 253 operator: 254 1.A check of the departments database for the owner and 255 any lienholder. 256 2.A check of the electronic National Motor Vehicle Title 257 Information System or an equivalent commercially available 258 system to determine the state of registration when there is not 259 a current registration record for the vehicle or vessel on file 260 with the department. 261 3.A check of the vehicle or vessel for any type of tag, 262 tag record, temporary tag, or regular tag. 263 4.A check of the law enforcement report for a tag number 264 or other information identifying the vehicle or vessel, if the 265 vehicle or vessel was towed at the request of a law enforcement 266 officer. 267 5.A check of the trip sheet or tow ticket of the tow truck 268 operator to determine whether a tag was on the vehicle or vessel 269 at the beginning of the tow, if a private tow. 270 6.If there is no address of the owner on the impound 271 report, a check of the law enforcement report to determine 272 whether an out-of-state address is indicated from driver license 273 information. 274 7.A check of the vehicle or vessel for an inspection 275 sticker or other stickers and decals that may indicate a state 276 of possible registration. 277 8.A check of the interior of the vehicle or vessel for any 278 papers that may be in the glove box, trunk, or other areas for a 279 state of registration. 280 9.A check of the vehicle for a vehicle identification 281 number. 282 10.A check of the vessel for a vessel registration number. 283 11.A check of the vessel hull for a hull identification 284 number which should be carved, burned, stamped, embossed, or 285 otherwise permanently affixed to the outboard side of the 286 transom or, if there is no transom, to the outmost seaboard side 287 at the end of the hull that bears the rudder or other steering 288 mechanism. 289 (d)Newer model means a vehicle or vessel that is 3 model 290 years old or less, beginning with the model year of the vehicle 291 or vessel as year one. 292 (e)Older model means a vehicle or vessel that is more 293 than 3 model years old, beginning with the model year of the 294 vehicle or vessel as year one. 295 (f)Towing-storage operator means a person who regularly 296 engages in the business of transporting vehicles or vessels by 297 wrecker, tow truck, or car carrier, or the storing of such 298 vehicles or vessels. 299 (2)(a)Whenever A towing-storage operator may charge the 300 owner or operator of a vehicle or vessel only the following fees 301 for, or incidental to, the recovery, removal, or storage of the 302 vehicle or vessel: 303 1.Any reasonable fee for service specifically authorized 304 under s. 125.0103 or s. 166.043 by ordinance, resolution, 305 regulation, or rule of the county or municipality in which the 306 service is performed. 307 2.Any reasonable fee for service specifically authorized 308 by the Division of Florida Highway Patrol of the Department of 309 Highway Safety and Motor Vehicles under s. 321.051(2). 310 3.Any reasonable fee for service as agreed upon in writing 311 between a towing-storage operator and the owner of a vehicle or 312 vessel. 313 4.Any lien release administrative fee as set forth in 314 paragraph (15)(a). 315 5.Any reasonable administrative fee or charge imposed by a 316 county or municipality pursuant to s. 125.01047, s. 166.04465, 317 or s. 323.002 upon the registered owner or other legally 318 authorized person in control of a vehicle or vessel. 319 (b)If a towing-storage operator person regularly engaged 320 in the business of transporting vehicles or vessels by wrecker, 321 tow truck, or car carrier recovers, removes, or stores a vehicle 322 or vessel upon instructions from: 323 1.(a)The owner thereof; 324 2.(b)The owner or lessor, or a person authorized by the 325 owner or lessor, of property on which such vehicle or vessel is 326 wrongfully parked, and the removal is done in compliance with s. 327 715.07; 328 3.(c)The landlord or a person authorized by the landlord, 329 when such motor vehicle or vessel remained on the premises after 330 the tenancy terminated and the removal is done in compliance 331 with s. 83.806 or s. 715.104; or 332 4.(d)Any law enforcement agency, county, or municipality, 333 334 she or he has shall have a lien on the vehicle or vessel for 335 fees specified in paragraph (a) a reasonable towing fee, for a 336 reasonable administrative fee or charge imposed by a county or 337 municipality, and for a reasonable storage fee; except that a 338 storage fee may not be charged if the vehicle or vessel is 339 stored for less fewer than 6 hours. 340 (4)(a)A towing-storage operator person regularly engaged 341 in the business of recovering, towing, or storing vehicles or 342 vessels who comes into possession of a vehicle or vessel 343 pursuant to paragraph (2)(b) subsection (2), and who claims a 344 lien for recovery, towing, or storage services, must shall give 345 notice, by certified mail, pursuant to subsection (16), to the 346 registered owner, the insurance company insuring the vehicle 347 notwithstanding s. 627.736, and all persons claiming a lien 348 thereon, as disclosed by the records in the Department of 349 Highway Safety and Motor Vehicles or as disclosed by the records 350 of any corresponding agency in any other state in which the 351 vehicle is identified through a records check of the National 352 Motor Vehicle Title Information System or an equivalent 353 commercially available system as being titled or registered. 354 (b)When Whenever a law enforcement agency, county, or 355 municipality authorizes the removal of a vehicle or vessel or 356 whenever a towing service, garage, repair shop, or automotive 357 service, storage, or parking place notifies the law enforcement 358 agency of possession of a vehicle or vessel pursuant to s. 359 715.07(2)(a)2., if an approved third-party service cannot obtain 360 the vehicles or vessels owner, lienholder, and insurer 361 information or last state of record pursuant to subsection (16), 362 then the person in charge of the towing service, garage, repair 363 shop, or automotive service, storage, or parking place must 364 request such information from the law enforcement agency of the 365 jurisdiction where the vehicle or vessel is stored. The law 366 enforcement agency to which the request was made must shall 367 contact the Department of Highway Safety and Motor Vehicles, or 368 the appropriate agency of the state of registration, if known, 369 within 24 hours through the medium of electronic communications, 370 giving the full description of the vehicle or vessel. Upon 371 receipt of the full description of the vehicle or vessel, the 372 department must shall search its files to determine the owners 373 name, the insurance company insuring the vehicle or vessel, and 374 whether any person has filed a lien upon the vehicle or vessel 375 as provided in s. 319.27(2) and (3) and notify the applicable 376 law enforcement agency within 72 hours. The person in charge of 377 the towing service, garage, repair shop, or automotive service, 378 storage, or parking place must request shall obtain such 379 information from the applicable law enforcement agency within 5 380 days after the date of storage and, if such information is 381 provided by the law enforcement agency, must provide the 382 information to the approved third-party service in order to 383 transmit notices as required under subsection (16) shall give 384 notice pursuant to paragraph (a). The department may release the 385 insurance company information to the requestor notwithstanding 386 s. 627.736. 387 (c)The notice of lien must be sent by an approved third 388 party service by certified mail to the registered owner, the 389 insurance company insuring the vehicle notwithstanding s. 390 627.736, and all other persons claiming a lien thereon within 5 391 7 business days, excluding a Saturday, and Sunday, or federal 392 legal holiday, after the date of storage of the vehicle or 393 vessel. However, in no event shall the notice of lien be sent 394 less than 30 days before the sale of the vehicle or vessel. The 395 notice must state all of the following: 396 1.If the claim of lien is for a vehicle, the last 8 digits 397 of the vehicle identification number of the vehicle subject to 398 the lien, or, if the claim of lien is for a vessel, the hull 399 identification number of the vessel subject to the lien, clearly 400 printed in the delivery address box and on the outside of the 401 envelope sent to the registered owner and all other persons 402 claiming an interest in therein or lien on the vehicle or vessel 403 thereon. 404 2.The name, physical address, and telephone number of the 405 lienor, and the entity name, as registered with the Division of 406 Corporations, of the business where the towing and storage 407 occurred, which must also appear on the outside of the envelope 408 sent to the registered owner and all other persons claiming an 409 interest in or lien on the vehicle or vessel. 410 3.The fact of possession of the vehicle or vessel. 411 4.The name of the person or entity that authorized the 412 lienor to take possession of the vehicle or vessel. 413 5.That a lien as provided in paragraph (2)(b) subsection 414 (2) is claimed. 415 6.That charges have accrued and include an itemized 416 statement of the amount thereof. 417 7.That the lien is subject to enforcement under law and 418 that the owner or lienholder, if any, has the right to a hearing 419 as set forth in subsection (5). 420 8.That any vehicle or vessel that remains unclaimed, or 421 for which the charges for recovery, towing, or storage services 422 remain unpaid, may be sold free of all prior liens 35 days after 423 the vehicle or vessel is stored by the lienor if the vehicle or 424 vessel is an older model more than 3 years of age or 57 50 days 425 after the vehicle or vessel is stored by the lienor if the 426 vehicle or vessel is a newer model 3 years of age or less. 427 9.The address at which the vehicle or vessel is physically 428 located. 429 (d)The notice of lien may not be sent to the registered 430 owner, the insurance company insuring the vehicle or vessel, and 431 all other persons claiming a lien thereon less than 30 days 432 before the sale of a the vehicle or vessel that is an older 433 model or less than 55 days before the sale of a vehicle or 434 vessel that is a newer model. 435 (e)If attempts to locate the name and address of the owner 436 or lienholder are prove unsuccessful, 5 the towing-storage 437 operator shall, after 7 business days, excluding a Saturday, and 438 Sunday, or federal legal holiday, after the initial tow or 439 storage, the towing-storage operator must notify the public 440 agency of jurisdiction where the vehicle or vessel is stored in 441 writing by certified mail or receipt-acknowledged electronic 442 delivery acknowledged hand delivery that the towing-storage 443 operator company has been unable to locate the name and address 444 of the owner or lienholder and a physical search of the vehicle 445 or vessel has disclosed no ownership information and a good 446 faith effort has been made, including records checks of the 447 Department of Highway Safety and Motor Vehicles database and the 448 National Motor Vehicle Title Information System or an equivalent 449 commercially available system. For purposes of this paragraph 450 and subsection (9), the term good faith effort means that the 451 following checks have been performed by the company to establish 452 the prior state of registration and for title: 453 1.A check of the departments database for the owner and 454 any lienholder. 455 2.A check of the electronic National Motor Vehicle Title 456 Information System or an equivalent commercially available 457 system to determine the state of registration when there is not 458 a current registration record for the vehicle or vessel on file 459 with the department. 460 3.A check of the vehicle or vessel for any type of tag, 461 tag record, temporary tag, or regular tag. 462 4.A check of the law enforcement report for a tag number 463 or other information identifying the vehicle or vessel, if the 464 vehicle or vessel was towed at the request of a law enforcement 465 officer. 466 5.A check of the trip sheet or tow ticket of the tow truck 467 operator to determine whether a tag was on the vehicle or vessel 468 at the beginning of the tow, if a private tow. 469 6.If there is no address of the owner on the impound 470 report, a check of the law enforcement report to determine 471 whether an out-of-state address is indicated from driver license 472 information. 473 7.A check of the vehicle or vessel for an inspection 474 sticker or other stickers and decals that may indicate a state 475 of possible registration. 476 8.A check of the interior of the vehicle or vessel for any 477 papers that may be in the glove box, trunk, or other areas for a 478 state of registration. 479 9.A check of the vehicle for a vehicle identification 480 number. 481 10.A check of the vessel for a vessel registration number. 482 11.A check of the vessel hull for a hull identification 483 number which should be carved, burned, stamped, embossed, or 484 otherwise permanently affixed to the outboard side of the 485 transom or, if there is no transom, to the outmost seaboard side 486 at the end of the hull that bears the rudder or other steering 487 mechanism. 488 (5)(a)The registered owner of a vehicle or vessel in the 489 possession of a towing-storage operator removed pursuant to 490 subsection (2), the insurance company insuring the vehicle or 491 vessel, and all other persons claiming a lien thereon or any 492 person claiming a lien, other than the towing-storage operator, 493 may initiate judicial proceedings within 10 days after the time 494 she or he has knowledge of the location of the vehicle or 495 vessel, may file a complaint in the county court of competent 496 jurisdiction in the county in which the vehicle or vessel is 497 stored to determine whether the vehicle or vessel her or his 498 property was wrongfully taken or withheld or whether fees were 499 wrongfully charged. 500 (b)Regardless of whether judicial proceedings have been 501 initiated pursuant to subparagraph (a), at any time before the 502 sale of the vehicle or vessel by the towing-storage operator, 503 the an owner of the vehicle or vessel, the insurance company 504 insuring the vehicle or vessel, and all other persons claiming a 505 lien thereon other than the towing-storage operator or 506 lienholder may have the her or his vehicle or vessel released 507 upon posting with the clerk of the county court in the county in 508 which the vehicle is held court a cash or surety bond or other 509 adequate security equal to the amount of the accrued charges set 510 forth in the notice of lien, plus accrued storage charges, at 511 the time of the release of the vehicle or vessel, if any, of the 512 charges for towing or storage and lot rental amount to ensure 513 the payment of such charges in the event a court determines that 514 the vehicle or vessel was not wrongfully taken or withheld or 515 fees were not wrongfully charged she or he does not prevail. The 516 owner of the vehicle or vessel, the insurance company insuring 517 the vehicle or vessel, and all other persons claiming a lien 518 thereon other than the towing-storage operator must not be 519 required to initiate judicial proceedings in order to post the 520 bond in the registry of the court and are not required to use a 521 particular form for posting the bond unless the clerk provides 522 such form. Upon the posting of the bond and the payment of the 523 applicable fee set forth in s. 28.24, the clerk of the court 524 must automatically issue a certificate notifying the towing 525 storage operator of the posting of the bond and directing the 526 towing-storage operator to release the vehicle or vessel to the 527 party that posted the bond the clerk of the court shall issue a 528 certificate notifying the lienor of the posting of the bond and 529 directing the lienor to release the vehicle or vessel. At the 530 time of such release, after reasonable inspection, the party 531 that posted the bond must she or he shall give a receipt to the 532 towing-storage operator company reciting any claims she or he 533 has for loss or damage to the vehicle or vessel or the contents 534 thereof, or such claims are deemed waived. 535 1.Upon receiving a copy of a certificate giving notice of 536 the posting of the bond in the required amount and directing 537 release of the vehicle or vessel, a towing-storage operator who 538 fails to release or return the vehicle or vessel to the party 539 which posted the bond commits a misdemeanor of the second 540 degree, punishable as provided in s. 775.082 or s. 775.083. 541 2.If the party posting the bond does not initiate judicial 542 proceedings pursuant to paragraph (a) within 60 days after the 543 issuance of the certificate by the clerk of the court, then upon 544 request by the towing-storage operator the clerk of court must 545 release the cash or surety bond to the towing-storage operator. 546 (c)Upon determining the respective rights of the parties, 547 the court may award damages, attorney attorneys fees, and costs 548 in favor of the prevailing party. In the event the towing 549 storage operator prevails In any event, the final order must 550 shall provide for immediate payment in full of recovery, towing, 551 and storage fees by the vehicle or vessel owner or lienholder; 552 or the agency ordering the tow; or the owner, lessee, or agent 553 thereof of the property from which the vehicle or vessel was 554 removed. 555 (6)A vehicle or vessel that is stored pursuant to 556 paragraph (2)(b) subsection (2) and remains unclaimed, or for 557 which reasonable charges for recovery, towing, or storing remain 558 unpaid, and any contents not released pursuant to subsection 559 (10), may be sold by the owner or operator of the storage space 560 for such towing or storage charge 35 days after the vehicle or 561 vessel is stored by the lienor if the vehicle or vessel is an 562 older model more than 3 years of age or 57 50 days after the 563 vehicle or vessel is stored by the lienor if the vehicle or 564 vessel is a newer model 3 years of age or less. The sale must 565 shall be at public sale for cash. If the date of the sale was 566 not included in the notice required in subsection (4), notice of 567 the sale must shall be given to the person in whose name the 568 vehicle or vessel is registered and to all persons claiming a 569 lien on the vehicle or vessel as shown on the records of the 570 Department of Highway Safety and Motor Vehicles or of any 571 corresponding agency in any other state in which the vehicle is 572 identified through a records check of the National Motor Vehicle 573 Title Information System or an equivalent commercially available 574 system as being titled. Notice of the sale must be sent by 575 certified mail to the registered owner of the vehicle or vessel, 576 the insurance company insuring the vehicle or vessel, and the 577 person having the recorded lien on the vehicle or vessel at the 578 address shown on the records of the registering agency at least 579 30 days before the sale of the vehicle or vessel. The notice 580 must have clearly identified and printed, if the claim of lien 581 is for a motor vehicle, The last 8 digits of the vehicle 582 identification number of the motor vehicle subject to the lien, 583 or, if the claim of lien is for a vessel, the hull 584 identification number of the vessel subject to the lien, must be 585 clearly identified and printed in the delivery address box and 586 on the outside of the envelope sent to the registered owner and 587 all other persons claiming an interest in therein or lien on the 588 vehicle or vessel thereon. The notice must be sent to the owner 589 of the vehicle or vessel and the person having the recorded lien 590 on the vehicle or vessel at the address shown on the records of 591 the registering agency at least 30 days before the sale of the 592 vehicle or vessel. The notice must state the name, physical 593 address, and telephone number of the lienor, and the vehicle 594 identification number if the claim of lien is for a vehicle or 595 the hull identification number if the claim of lien is for a 596 vessel, all of which must also appear in the return address 597 section on the outside of the envelope containing the notice of 598 sale. After diligent search and inquiry, if the name and address 599 of the registered owner or the owner of the recorded lien cannot 600 be ascertained, the requirements of notice by mail may be 601 dispensed with. In addition to the notice by mail, public notice 602 of the time and place of sale must shall be made by publishing a 603 notice thereof one time, at least 20 10 days before the date of 604 the sale, on the publicly available website maintained by an 605 approved third-party service. The third-party service must 606 electronically report to the Department of Highway Safety and 607 Motor Vehicles, via an electronic data exchange process using a 608 web interface, the name, physical address, and telephone number 609 of the lienor; the time and place of the sale; the vehicles 610 license plate number, if known; the vehicle identification 611 number, if the claim of lien is for a vehicle, or the hull 612 identification number, if the claim of lien is for a vessel; and 613 the amount due for towing, recovery, storage, and administrative 614 fees. The third-party service that publishes the public notice 615 of sale and electronically reports the required information to 616 the department may collect and retain a service charge of no 617 more than $1 in a newspaper of general circulation in the county 618 in which the sale is to be held. The proceeds of the sale, after 619 payment of reasonable towing and storage charges, and costs of 620 the sale, in that order of priority, must shall be deposited 621 with the clerk of the circuit court for the county if the owner 622 or lienholder is absent, and the clerk must shall hold such 623 proceeds subject to the claim of the owner or lienholder legally 624 entitled thereto. The clerk is shall be entitled to receive 5 625 percent of such proceeds for the care and disbursement thereof. 626 The certificate of title issued under this section must this law 627 shall be discharged of all liens unless otherwise provided by 628 court order. The owner or lienholder may file a complaint after 629 the vehicle or vessel has been sold in the county court of the 630 county in which it is stored. Upon determining the respective 631 rights of the parties, the court may award damages, attorney 632 fees, and costs in favor of the prevailing party. 633 (8)A towing-storage operator person regularly engaged in 634 the business of recovering, towing, or storing vehicles or 635 vessels, except a person licensed under chapter 493 while 636 engaged in repossession activities as defined in s. 493.6101, 637 may not operate a wrecker, tow truck, or car carrier unless the 638 name, address, and telephone number of the company performing 639 the service is clearly printed in contrasting colors on the 640 driver and passenger sides of its vehicle. The name must be in 641 at least 3-inch permanently affixed letters, and the address and 642 telephone number must be in at least 1-inch permanently affixed 643 letters. 644 (9)Failure to make good faith efforts to comply with the 645 notice requirements of this section precludes the imposition of 646 any storage charges against the vehicle or vessel. If a lienor 647 fails to provide notice to a person claiming a lien on a vehicle 648 or vessel in accordance with subsection (4), the lienor may not 649 charge the person for more than 5 7 days of storage, but such 650 failure does not affect charges made for towing the vehicle or 651 vessel or the priority of liens on the vehicle or vessel. 652 (10)A towing-storage operator must Persons who provide 653 services pursuant to this section shall permit vehicle or vessel 654 owners, lienholders, insurance company representatives, or their 655 agents, whose interest in the vehicle or vessel is evidenced by 656 any of the documents listed in subsection (17) which agency is 657 evidenced by an original writing acknowledged by the owner 658 before a notary public or other person empowered by law to 659 administer oaths, to inspect the towed vehicle or vessel and 660 must shall release to the owner, lienholder, or agent the 661 vehicle, vessel, or all personal property not affixed to the 662 vehicle or vessel which was in the vehicle or vessel at the time 663 the vehicle or vessel came into the custody of the towing 664 storage operator. The inspection and release of the vehicle, 665 vessel, or personal property must be permitted within 1 hour 666 after the owner, lienholder, insurance company representative, 667 or their agent presents any of the documents listed in 668 subsection (17) to the towing-storage operator during normal 669 business hours at the site where the vehicle or vessel is 670 stored. Notwithstanding subparagraph (17)(a)5., a rental vehicle 671 or vessel agreement is not evidence that the person who rented a 672 vehicle or vessel is an agent of the rental vehicle or vessel 673 owner for the purpose of releasing the vehicle or vessel. 674 However, a towing-storage operator must release to the renter of 675 a rental vehicle or vessel all personal property belonging to 676 the renter which is not affixed to the rental vehicle or vessel 677 within 1 hour after the renters arrival person providing such 678 services. 679 (11)(a)A towing-storage operator Any person regularly 680 engaged in the business of recovering, towing, or storing 681 vehicles or vessels who comes into possession of a vehicle or 682 vessel pursuant to paragraph (2)(b) subsection (2) and who has 683 complied with the provisions of subsections (4) (3) and (6), 684 when such vehicle or vessel is to be sold for purposes of being 685 dismantled, destroyed, or changed in such manner that it is not 686 the motor vehicle or vessel described in the certificate of 687 title, must shall report the vehicle to the National Motor 688 Vehicle Title Information System and apply to the Department of 689 Highway Safety and Motor Vehicles for a certificate of 690 destruction. A certificate of destruction, which authorizes the 691 dismantling or destruction of the vehicle or vessel described 692 therein, is shall be reassignable a maximum of two times before 693 dismantling or destruction of the vehicle is shall be required, 694 and must shall accompany the vehicle or vessel for which it is 695 issued, when such vehicle or vessel is sold for such purposes, 696 in lieu of a certificate of title. The application for a 697 certificate of destruction must include proof of reporting to 698 the National Motor Vehicle Title Information System and an 699 affidavit from the applicant that she or he it has complied with 700 all applicable requirements of this section and, if the vehicle 701 or vessel is not registered in this state or any other state, by 702 a statement from a law enforcement officer that the vehicle or 703 vessel is not reported stolen, and must shall be accompanied by 704 such documentation as may be required by the department. 705 (12)(a)Any person who violates any provision of subsection 706 (1), subsection (2), subsection (4), subsection (5), subsection 707 (6), or subsection (7) commits is guilty of a misdemeanor of the 708 first degree, punishable as provided in s. 775.082 or s. 709 775.083. 710 (d)Employees of the Department of Highway Safety and Motor 711 Vehicles and law enforcement officers are authorized to inspect 712 the records of a towing-storage operator any person regularly 713 engaged in the business of recovering, towing, or storing 714 vehicles or vessels or transporting vehicles or vessels by 715 wrecker, tow truck, or car carrier, to ensure compliance with 716 the requirements of this section. A towing-storage operator Any 717 person who fails to maintain records, or fails to produce 718 records when required in a reasonable manner and at a reasonable 719 time, commits a misdemeanor of the first degree, punishable as 720 provided in s. 775.082 or s. 775.083. 721 (13)(a)Upon receipt by the Department of Highway Safety 722 and Motor Vehicles of written notice from a wrecker operator who 723 claims a wrecker operators lien under subparagraph (2)(b)4. 724 paragraph (2)(d) for recovery, towing, or storage of an 725 abandoned vehicle or vessel upon instructions from any law 726 enforcement agency, for which a certificate of destruction has 727 been issued under subsection (11) and the vehicle has been 728 reported to the National Motor Vehicle Title Information System, 729 the department shall place the name of the registered owner of 730 that vehicle or vessel on the list of those persons who may not 731 be issued a license plate or revalidation sticker for any motor 732 vehicle under s. 320.03(8). If the vehicle or vessel is owned 733 jointly by more than one person, the name of each registered 734 owner must shall be placed on the list. The notice of wrecker 735 operators lien must shall be submitted on forms provided by the 736 department and, which must include all of the following: 737 1.The name, address, and telephone number of the wrecker 738 operator. 739 2.The name of the registered owner of the vehicle or 740 vessel and the address to which the wrecker operator provided 741 notice of the lien to the registered owner under subsection (4). 742 3.A general description of the vehicle or vessel, 743 including its color, make, model, body style, and year. 744 4.The vehicle identification number (VIN); registration 745 license plate number, state, and year; validation decal number, 746 state, and year; vessel registration number; hull identification 747 number; or other identification number, as applicable. 748 5.The name of the person or the corresponding law 749 enforcement agency that requested that the vehicle or vessel be 750 recovered, towed, or stored. 751 6.The amount of the wrecker operators lien, not to exceed 752 the amount allowed by paragraph (b). 753 (b)For purposes of this subsection only, the amount of the 754 wrecker operators lien for which the department will prevent 755 issuance of a license plate or revalidation sticker may not 756 exceed the amount of the charges for recovery, towing, and 757 storage of the vehicle or vessel for 7 days. These charges may 758 not exceed the maximum rates imposed by the ordinances of the 759 respective county or municipality under ss. 125.0103(1)(c) and 760 166.043(1)(c). This paragraph does not limit the amount of a 761 wrecker operators lien claimed under paragraph (2)(b) 762 subsection (2) or prevent a wrecker operator from seeking civil 763 remedies for enforcement of the entire amount of the lien, but 764 limits only that portion of the lien for which the department 765 will prevent issuance of a license plate or revalidation 766 sticker. 767 (d)Upon discharge of the amount of the wrecker operators 768 lien allowed by paragraph (b), the wrecker operator must issue a 769 certificate of discharged wrecker operators lien on forms 770 provided by the department to each registered owner of the 771 vehicle or vessel attesting that the amount of the wrecker 772 operators lien allowed by paragraph (b) has been discharged. 773 Upon presentation of the certificate of discharged wrecker 774 operators lien by the registered owner, the department must 775 shall immediately remove the registered owners name from the 776 list of those persons who may not be issued a license plate or 777 revalidation sticker for any motor vehicle under s. 320.03(8), 778 thereby allowing issuance of a license plate or revalidation 779 sticker. Issuance of a certificate of discharged wrecker 780 operators lien under this paragraph does not discharge the 781 entire amount of the wrecker operators lien claimed under 782 paragraph (2)(b) subsection (2), but only certifies to the 783 department that the amount of the wrecker operators lien 784 allowed by paragraph (b), for which the department will prevent 785 issuance of a license plate or revalidation sticker, has been 786 discharged. 787 (17)(a)A towing-storage operator must accept an original 788 or a copy of any of the following documents as evidence of a 789 persons interest in a vehicle or vessel: 790 1.An electronic title. 791 2.A paper title. 792 3.A contract between a lender and the owner of the vehicle 793 or vessel. 794 4.A contract between a lessor and the lessee of the 795 vehicle or vessel. 796 5.A notarized written agreement evidencing that the person 797 is an agent of the vehicle or vessel owner, lienholder, or 798 insurance company. 799 (b)Except as otherwise provided, a towing-storage operator 800 may not require any of the documents listed in paragraph (a) to 801 be notarized. 802 (c)Presenting one form of current government-issued photo 803 identification constitutes sufficient identity verification for 804 the purposes of this section A lienor must accept either a copy 805 of an electronic title or a paper title as evidence of a 806 persons interest in a vehicle or vessel. 807 (18)A towing-storage operator must retain for 3 years 808 records produced for all vehicles or vessels recovered, towed, 809 stored, or released. Such records must include at least all of 810 the following: 811 (a)All notice publications and certified mailings. 812 (b)The purchase price of any unclaimed vehicle or vessel 813 sold. 814 (c)The names and addresses of persons to which vehicles or 815 vessels were released. 816 (d)The names and addresses of vehicle or vessel 817 purchasers. 818 (e)All fees imposed under this section, including the 819 itemized invoice required under paragraph (20)(c). 820 (19)(a)A towing-storage operator must accept payment for 821 accrued charges from an authorized person listed in subsection 822 (10) in any form from at least two of the following 823 subparagraphs: 824 1.Cash, cashiers check, money order, or travelers check. 825 2.Bank, debit, or credit card. 826 3.Mobile payment service, digital wallet, or other 827 electronic payment system. 828 (b)Any of the authorized persons listed in subsection (10) 829 are not required to furnish more than one form of current 830 government-issued photo identification when payment is made in 831 any of the forms listed in paragraph (a). 832 (20)(a)A towing-storage operator must maintain a rate 833 sheet listing all fees for, or incidental to, the recovery, 834 removal, or storage of a vehicle or vessel and must do all of 835 the following: 836 1.Post the rate sheet at the towing-storage operators 837 place of business. 838 2.Make the rate sheet available upon request by the 839 vehicle or vessel owner, lienholder, insurance company, or their 840 agent. 841 3.Before attaching a vehicle or vessel to a wrecker, 842 furnish the rate sheet to the owner or operator of the vehicle 843 or vessel, if the owner or operator is present at the scene of 844 the disabled vehicle or vessel. 845 (b)Any fee charged in excess of those listed on the rate 846 sheet required under this subsection is deemed unreasonable. 847 (c)An itemized invoice of actual fees charged by a towing 848 storage operator for a completed tow must be produced and be 849 available to the vehicle or vessel owner, lienholder, insurance 850 company, or their agent no later than 1 business day after: 851 1.The tow is completed; or 852 2.The towing-storage operator has obtained all necessary 853 information to be included on the invoice, including any charges 854 submitted by subcontractors used by the towing-storage operator 855 to complete the tow and recovery. 856 (d)The itemized invoice required under paragraph (c) must 857 contain all of the following information: 858 1.The date and time the vehicle or vessel was towed. 859 2.The location to which the vehicle or vessel was towed. 860 3.The name, address, and telephone number of the towing 861 storage operator. 862 4.A description of the towed vehicle or vessel, including 863 the color, make, model, model year, and vehicle identification 864 number of the vehicle or hull identification number of the 865 vessel. 866 5.The license plate number and state of registration for 867 the towed vehicle or vessel. 868 6.The cost of the initial towing service. 869 7.The cost of any storage fees, expressed as a daily rate. 870 8.Other fees, including administrative fees, vehicle or 871 vessel search fees, fees for hazardous material and nonhazardous 872 material cleanup, and fees for labor. 873 9.A list of the services that were performed under a 874 warranty or that were otherwise performed at no cost to the 875 owner of the vehicle or vessel. 876 (e)Any service performed or fee charged in addition to 877 those described in subparagraph (d)6. or subparagraph (d)7. must 878 be set forth on the itemized invoice required under paragraph 879 (c) individually as a single line item that includes an 880 explanation of the service or fee and the exact amount charged 881 for the service or the exact amount of the fee. 882 (f)A towing-storage operator must make the itemized 883 invoice required under paragraph (c) available for inspection 884 and copying no later than 48 hours after receiving a written 885 request to inspect such invoice from: 886 1.A law enforcement agency; 887 2.The Attorney General; 888 3.A city attorney, a county attorney, or the prosecuting 889 attorney having jurisdiction in the location of any of the 890 towing-storage operators business locations; 891 4.The vehicle or vessel owner, lienholder, insurance 892 company, or their agent; or 893 5.If the vehicle or vessel was involved in a collision, 894 any individual involved in the underlying collision or the 895 individuals insurance company. 896 (21)This section is the exclusive remedy for the placement 897 or foreclosure of a storage lien placed on a vehicle or vessel 898 pursuant to ss. 83.19 and 677.210. 899 Section 7.Paragraph (a) of subsection (2) of section 900 715.07, Florida Statutes, is amended to read: 901 715.07Vehicles or vessels parked on private property; 902 towing. 903 (2)The owner or lessee of real property, or any person 904 authorized by the owner or lessee, which person may be the 905 designated representative of the condominium association if the 906 real property is a condominium, may cause any vehicle or vessel 907 parked on such property without her or his permission to be 908 removed by a person regularly engaged in the business of towing 909 vehicles or vessels, without liability for the costs of removal, 910 transportation, or storage or damages caused by such removal, 911 transportation, or storage, under any of the following 912 circumstances: 913 (a)The towing or removal of any vehicle or vessel from 914 private property without the consent of the registered owner or 915 other legally authorized person in control of that vehicle or 916 vessel is subject to substantial compliance with the following 917 conditions and restrictions: 918 1.a.Any towed or removed vehicle or vessel must be stored 919 at a site within a 10-mile radius of the point of removal in any 920 county of 500,000 population or more, and within a 15-mile 921 radius of the point of removal in any county of fewer than 922 500,000 population. That site must be open for the purpose of 923 redemption of vehicles on any day that the person or firm towing 924 such vehicle or vessel is open for towing purposes, from 8:00 925 a.m. to 6:00 p.m., and, when closed, shall have prominently 926 posted a sign indicating a telephone number where the operator 927 of the site can be reached at all times. Upon receipt of a 928 telephoned request to open the site to redeem a vehicle or 929 vessel, the operator shall return to the site within 1 hour or 930 she or he will be in violation of this section. 931 b.If no towing business providing such service is located 932 within the area of towing limitations set forth in sub 933 subparagraph a., the following limitations apply: any towed or 934 removed vehicle or vessel must be stored at a site within a 20 935 mile radius of the point of removal in any county of 500,000 936 population or more, and within a 30-mile radius of the point of 937 removal in any county of fewer than 500,000 population. 938 2.The person or firm towing or removing the vehicle or 939 vessel shall, within 30 minutes after completion of such towing 940 or removal, notify the municipal police department or, in an 941 unincorporated area, the sheriff, of such towing or removal, the 942 storage site, the time the vehicle or vessel was towed or 943 removed, and the make, model, color, and license plate number of 944 the vehicle or description and registration number of the vessel 945 and shall obtain the name of the person at that department to 946 whom such information was reported and note that name on the 947 trip record. 948 3.A person in the process of towing or removing a vehicle 949 or vessel from the premises or parking lot in which the vehicle 950 or vessel is not lawfully parked must stop when a person seeks 951 the return of the vehicle or vessel. The vehicle or vessel must 952 be returned upon the payment of a reasonable service fee of not 953 more than one-half of the posted rate for the towing or removal 954 service as provided in subparagraph 6. The vehicle or vessel may 955 be towed or removed if, after a reasonable opportunity, the 956 owner or legally authorized person in control of the vehicle or 957 vessel is unable to pay the service fee. If the vehicle or 958 vessel is redeemed, a detailed signed receipt must be given to 959 the person redeeming the vehicle or vessel. 960 4.A person may not pay or accept money or other valuable 961 consideration for the privilege of towing or removing vehicles 962 or vessels from a particular location. 963 5.Except for property appurtenant to and obviously a part 964 of a single-family residence, and except for instances when 965 notice is personally given to the owner or other legally 966 authorized person in control of the vehicle or vessel that the 967 area in which that vehicle or vessel is parked is reserved or 968 otherwise unavailable for unauthorized vehicles or vessels and 969 that the vehicle or vessel is subject to being removed at the 970 owners or operators expense, any property owner or lessee, or 971 person authorized by the property owner or lessee, before towing 972 or removing any vehicle or vessel from private property without 973 the consent of the owner or other legally authorized person in 974 control of that vehicle or vessel, must post a notice meeting 975 the following requirements: 976 a.The notice must be prominently placed at each driveway 977 access or curb cut allowing vehicular access to the property 978 within 10 feet from the road, as defined in s. 334.03(22). If 979 there are no curbs or access barriers, the signs must be posted 980 not fewer than one sign for each 25 feet of lot frontage. 981 b.The notice must clearly indicate, in not fewer than 2 982 inch high, light-reflective letters on a contrasting background, 983 that unauthorized vehicles will be towed away at the owners 984 expense. The words tow-away zone must be included on the sign 985 in not fewer than 4-inch high letters. 986 c.The notice must also provide the name and current 987 telephone number of the person or firm towing or removing the 988 vehicles or vessels. 989 d.The sign structure containing the required notices must 990 be permanently installed with the words tow-away zone not 991 fewer than 3 feet and not more than 6 feet above ground level 992 and must be continuously maintained on the property for not 993 fewer than 24 hours before the towing or removal of any vehicles 994 or vessels. 995 e.The local government may require permitting and 996 inspection of these signs before any towing or removal of 997 vehicles or vessels being authorized. 998 f.A business with 20 or fewer parking spaces satisfies the 999 notice requirements of this subparagraph by prominently 1000 displaying a sign stating Reserved Parking for Customers Only 1001 Unauthorized Vehicles or Vessels Will be Towed Away At the 1002 Owners Expense in not fewer than 4-inch high, light-reflective 1003 letters on a contrasting background. 1004 g.A property owner towing or removing vessels from real 1005 property must post notice, consistent with the requirements in 1006 sub-subparagraphs a.-f., which apply to vehicles, that 1007 unauthorized vehicles or vessels will be towed away at the 1008 owners expense. 1009 1010 A business owner or lessee may authorize the removal of a 1011 vehicle or vessel by a towing company when the vehicle or vessel 1012 is parked in such a manner that restricts the normal operation 1013 of business; and if a vehicle or vessel parked on a public 1014 right-of-way obstructs access to a private driveway the owner, 1015 lessee, or agent may have the vehicle or vessel removed by a 1016 towing company upon signing an order that the vehicle or vessel 1017 be removed without a posted tow-away zone sign. 1018 6.Any person or firm that tows or removes vehicles or 1019 vessels and proposes to require an owner, operator, or person in 1020 control or custody of a vehicle or vessel to pay the costs of 1021 towing and storage before redemption of the vehicle or vessel 1022 must file and keep on record with the local law enforcement 1023 agency a complete copy of the current rates to be charged for 1024 such services and post at the storage site an identical rate 1025 schedule and any written contracts with property owners, 1026 lessees, or persons in control of property which authorize such 1027 person or firm to remove vehicles or vessels as provided in this 1028 section. 1029 7.Any person or firm towing or removing any vehicles or 1030 vessels from private property without the consent of the owner 1031 or other legally authorized person in control or custody of the 1032 vehicles or vessels shall, on any trucks, wreckers as defined in 1033 s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the 1034 towing or removal, have the name, address, and telephone number 1035 of the company performing such service clearly printed in 1036 contrasting colors on the driver and passenger sides of the 1037 vehicle. The name shall be in at least 3-inch permanently 1038 affixed letters, and the address and telephone number shall be 1039 in at least 1-inch permanently affixed letters. 1040 8.Vehicle entry for the purpose of removing the vehicle or 1041 vessel shall be allowed with reasonable care on the part of the 1042 person or firm towing the vehicle or vessel. Such person or firm 1043 shall be liable for any damage occasioned to the vehicle or 1044 vessel if such entry is not in accordance with the standard of 1045 reasonable care. 1046 9.When a vehicle or vessel has been towed or removed 1047 pursuant to this section, it must be released to its owner or 1048 person in control or custody within 1 hour after requested. Any 1049 vehicle or vessel owner or person in control or custody has the 1050 right to inspect the vehicle or vessel before accepting its 1051 return, and no release or waiver of any kind which would release 1052 the person or firm towing the vehicle or vessel from liability 1053 for damages noted by the owner or person in control or custody 1054 at the time of the redemption may be required from any vehicle 1055 or vessel owner or person in control or custody as a condition 1056 of release of the vehicle or vessel to its owner or person in 1057 control or custody. A detailed receipt showing the legal name of 1058 the company or person towing or removing the vehicle or vessel 1059 must be given to the person paying towing or storage charges at 1060 the time of payment, whether requested or not. 1061 Section 8.This act shall take effect July 1, 2024.