HB 0907CS

CHAMBER ACTION



1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to liens for recovering, towing, or
7storing vehicles and vessels; amending ss. 125.0103 and
8166.043, F.S.; applying certain vehicle towing and storage
9rates established by the Division of Florida Highway
10Patrol within certain counties; amending s. 321.051, F.S.;
11requiring the division to set certain maximum towing and
12storage rates for certain vehicles in certain areas of the
13state; requiring annual rate adjustments based on the
14Consumer Price Index; amending s. 713.78, F.S.; providing
15a definition; revising certain procedures for notification
16of a lien for recovery of certain towing and storage
17costs; removing authority of the Department of Highway
18Safety and Motor Vehicles to release certain insurance
19company information; establishing fees; revising certain
20contents of lien notification; revising requirements for
21locating and notifying certain persons of the impending
22public sale of certain vehicles or vessels; revising
23certain public notice of the impending sale of an
24unclaimed vehicle or vessel; revising rulemaking
25authority; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Paragraph (c) of subsection (1) of section
30125.0103, Florida Statutes, is amended to read:
31     125.0103  Ordinances and rules imposing price controls;
32findings required; procedures.--
33     (1)
34     (c)1.  Counties must establish maximum rates that which may
35be charged on the towing of vehicles from or immobilization of
36vehicles on private property, removal and storage of wrecked or
37disabled vehicles from an accident scene or for the removal and
38storage of vehicles, in the event the owner or operator is
39incapacitated, unavailable, leaves the procurement of wrecker
40service to the law enforcement officer at the scene, or
41otherwise does not consent to the removal of the vehicle.
42However, if a municipality chooses to enact an ordinance
43establishing the maximum fees for the towing or immobilization
44of vehicles as described in paragraph (b), the county's
45ordinance shall not apply within such municipality.
46     2.  Beginning July 1, 2007, and notwithstanding any other
47provision of law, in any county that has not adopted an
48ordinance establishing the maximum rates that may be charged for
49the towing and storage of vehicles as required by this section
50and s. 166.043, the rates shall be equal to the rates
51established by the Division of Florida Highway Patrol under s.
52321.051 and adjusted annually to reflect the Consumer Price
53Index. No county may adopt an ordinance establishing a rate that
54is less than the rate established by the Division of Florida
55Highway Patrol, which also shall be adjusted annually to reflect
56the Consumer Price Index.
57     Section 2.  Paragraph (c) of subsection (1) of section
58166.043, Florida Statutes, is amended to read:
59     166.043  Ordinances and rules imposing price controls;
60findings required; procedures.--
61     (1)
62     (c)1.  Counties must establish maximum rates that which may
63be charged on the towing of vehicles from or immobilization of
64vehicles on private property, removal and storage of wrecked or
65disabled vehicles from an accident scene or for the removal and
66storage of vehicles, in the event the owner or operator is
67incapacitated, unavailable, leaves the procurement of wrecker
68service to the law enforcement officer at the scene, or
69otherwise does not consent to the removal of the vehicle.
70However, if a municipality chooses to enact an ordinance
71establishing the maximum fees for the towing or immobilization
72of vehicles as described in paragraph (b), the county's
73ordinance established under s. 125.0103 shall not apply within
74such municipality.
75     2.  Beginning July 1, 2007, and notwithstanding any other
76provision of law, in any county that has not adopted an
77ordinance establishing the maximum rates that may be charged for
78the towing and storage of vehicles as required by s. 125.0103
79and this section, the rates shall be equal to the rates
80established by the Division of Florida Highway Patrol under s.
81321.051 and adjusted annually based on the Consumer Price Index.
82No county may adopt an ordinance establishing a rate that is
83less than the rate established by the Division of Florida
84Highway Patrol, which also shall be adjusted annually based on
85the Consumer Price Index.
86     Section 3.  Subsection (2) of section 321.051, Florida
87Statutes, is amended to read:
88     321.051  Florida Highway Patrol wrecker operator system;
89penalties for operation outside of system.--
90     (2)  The Division of Florida Highway Patrol of the
91Department of Highway Safety and Motor Vehicles is authorized to
92establish within areas designated by the patrol a wrecker
93operator system using qualified, reputable wrecker operators for
94removal and storage of wrecked or disabled vehicles from a crash
95scene or for removal and storage of abandoned vehicles, in the
96event the owner or operator is incapacitated or unavailable or
97leaves the procurement of wrecker service to the officer at the
98scene. All reputable wrecker operators shall be eligible for use
99in the system provided their equipment and drivers meet
100recognized safety qualifications and mechanical standards set by
101rules of the Division of Florida Highway Patrol for the size of
102vehicle it is designed to handle. The division is authorized to
103limit the number of wrecker operators participating in the
104wrecker operator system, which authority shall not affect
105wrecker operators currently participating in the system
106established by this section. The division must is authorized to
107establish maximum rates for the towing and storage of vehicles
108removed at the division's request, where such rates have not
109been set by a county or municipality pursuant to s. 125.0103 or
110s. 166.043. The rates must be adjusted annually based on the
111Consumer Price Index. Such rates shall not be considered rules
112for the purpose of chapter 120; however, the department shall
113establish by rule a procedure for setting such rates. Any
114provision in chapter 120 to the contrary notwithstanding, a
115final order of the department denying, suspending, or revoking a
116wrecker operator's participation in the system shall be
117reviewable in the manner and within the time provided by the
118Florida Rules of Appellate Procedure only by a writ of
119certiorari issued by the circuit court in the county wherein
120such wrecker operator resides.
121     Section 4.  Paragraph (d) is added to subsection (1) of
122section 713.78, Florida Statutes, and subsections (4) and (6),
123paragraphs (b) and (c) of subsection (11), paragraph (d) of
124subsection (12), and paragraphs (a) and (g) of subsection (13)
125of that section are amended, to read:
126     713.78  Liens for recovering, towing, or storing vehicles
127and vessels.--
128     (1)  For the purposes of this section, the term:
129     (d)  "Department" means the Department of Highway Safety
130and Motor Vehicles.
131     (4)(a)  Any person regularly engaged in the business of
132recovering, towing, or storing vehicles or vessels who comes
133into possession of a vehicle or vessel pursuant to subsection
134(2), and who claims a lien for recovery, towing, or storage
135services, shall give notice to the registered owner, the
136insurance company insuring the vehicle notwithstanding the
137provisions of s. 627.736, and to all persons claiming a lien
138thereon, by submitting an application for notifications to the
139department on a form prescribed by the department within 7
140business days after the date of storage of the vehicle or vessel
141as disclosed by the records in the Department of Highway Safety
142and Motor Vehicles or of a corresponding agency in any other
143state.
144     (b)  Whenever any law enforcement agency authorizes the
145removal of a vehicle or vessel or whenever any towing service,
146garage, repair shop, or automotive service, storage, or parking
147place notifies the law enforcement agency of possession of a
148vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
149law enforcement agency shall contact the department of Highway
150Safety and Motor Vehicles, or the appropriate agency of the
151state of registration, if known, within 24 hours through the
152medium of electronic communications, giving the full description
153of the vehicle or vessel. Upon receipt of the full description
154of the vehicle or vessel, the department shall search its files
155to determine the owner's name, the insurance company insuring
156the vehicle or vessel, and whether any person has filed a lien
157upon the vehicle or vessel as provided in s. 319.27(2) and (3)
158and notify the applicable law enforcement agency within 72
159hours. The person in charge of the towing service, garage,
160repair shop, or automotive service, storage, or parking place
161shall obtain such information from the applicable law
162enforcement agency within 5 days after the date of storage and
163shall give notice pursuant to paragraph (a). The department may
164release the insurance company information to the requestor
165notwithstanding the provisions of s. 627.736.
166     (c)  Upon receipt of a valid and complete application for
167notifications, the required notification fee of $4, and service
168fees as indicated in s. 320.04, the department shall notify
169Notice by certified mail, return receipt requested, shall be
170sent within 7 business days after the date of storage of the
171vehicle or vessel to the registered owner, the insurance company
172insuring the vehicle notwithstanding the provisions of s.
173627.736, and all persons of record claiming a lien against the
174vehicle or vessel. The notification It shall state the fact of
175indicate the company or individual who has possession of the
176vehicle or vessel, that a lien as provided in subsection (2) is
177claimed, that charges have accrued and the amount thereof, that
178the lien is subject to enforcement pursuant to law, and that the
179owner or lienholder, if any, has the right to a hearing as set
180forth in subsection (5), and that any vehicle or vessel which
181remains unclaimed, or for which the charges for recovery,
182towing, or storage services remain unpaid, may be sold free of
183all prior liens after 35 days if the vehicle or vessel is more
184than 3 years of age or after 50 days if the vehicle or vessel is
1853 years of age or less.
186     (d)  If the department is unable attempts to locate the
187name and address of the owner or lienholder prove unsuccessful,
188the department shall notify the towing-storage operator. Upon
189receipt of such notification from the department, the towing-
190storage operator shall conduct a good faith effort through,
191after 7 working days, excluding Saturday and Sunday, of the
192initial tow or storage, notify the public agency of jurisdiction
193in writing by certified mail or acknowledged hand delivery that
194the towing-storage company has been unable to locate the name
195and address of the owner or lienholder and a physical search of
196the vehicle or vessel to attempt to determine has disclosed no
197ownership information and a good faith effort has been made. If
198the physical search reveals a potential owner, lienor, or
199insurance company, the towing-storage operator shall furnish
200notice of the sale to the owner, lienor, or insurance company by
201certified mail.
202     (e)  For purposes of this subsection paragraph and
203subsection (9), "good faith effort" means that the following
204checks have been performed by the company to establish prior
205state of registration and for title:
206     1.  Check of vehicle or vessel for any type of tag, tag
207record, temporary tag, or regular tag.
208     2.  Check of law enforcement report for tag number or other
209information identifying the vehicle or vessel, if the vehicle or
210vessel was towed at the request of a law enforcement officer.
211     3.  Check of trip sheet or tow ticket of tow truck operator
212to see if a tag was on vehicle or vessel at beginning of tow, if
213private tow.
214     4.  If there is no address of the owner on the impound
215report, check of law enforcement report to see if an out-of-
216state address is indicated from driver license information.
217     5.  Check of vehicle or vessel for inspection sticker or
218other stickers and decals that may indicate a state of possible
219registration.
220     6.  Check of the interior of the vehicle or vessel for any
221papers that may be in the glove box, trunk, or other areas for a
222state of registration.
223     7.  Check of vehicle for vehicle identification number.
224     8.  Check of vessel for vessel registration number.
225     9.  Check of vessel hull for a hull identification number
226which should be carved, burned, stamped, embossed, or otherwise
227permanently affixed to the outboard side of the transom or, if
228there is no transom, to the outmost seaboard side at the end of
229the hull that bears the rudder or other steering mechanism.
230     (6)  Any vehicle or vessel which is stored pursuant to
231subsection (2) and which remains unclaimed, or for which
232reasonable charges for recovery, towing, or storing remain
233unpaid, and any contents not released pursuant to subsection
234(10), may be sold by the owner or operator of the storage space
235for such towing or storage charge after 35 days from the time
236the vehicle or vessel is stored therein if the vehicle or vessel
237is more than 3 years of age or after 50 days following the time
238the vehicle or vessel is stored therein if the vehicle or vessel
239is 3 years of age or less. The sale shall be at public auction
240for cash. If the date of the sale was not included in the notice
241required in subsection (4), notice of the sale shall be given to
242the person in whose name the vehicle or vessel is registered and
243to all persons claiming a lien on the vehicle or vessel as shown
244on the records of the Department of Highway Safety and Motor
245Vehicles or of the corresponding agency in any other state.
246Notice shall be sent by certified mail, return receipt
247requested, to the owner of the vehicle or vessel and the person
248having the recorded lien on the vehicle or vessel at the address
249shown on the records of the registering agency and shall be
250mailed not less than 15 days before the date of the sale. After
251diligent search and inquiry, if the name and address of the
252registered owner or the owner of the recorded lien cannot be
253ascertained, the requirements of notice by mail may be dispensed
254with. In addition to the notice by mail, public notice of the
255time and place of sale shall be made by publishing a notice
256thereof one time, at least 10 days prior to the date of the
257sale, in a newspaper of general circulation in the county in
258which the sale is to be held. The public notice shall include
259the vehicle or vessel identification or hull number, a
260description of the vehicle or vessel, including make, model, and
261year of manufacture, and, if known, the name of the registered
262owner of the vehicle or vessel. The proceeds of the sale, after
263payment of reasonable towing and storage charges, and costs of
264the sale, in that order of priority, shall be deposited with the
265clerk of the circuit court for the county if the owner is
266absent, and the clerk shall hold such proceeds subject to the
267claim of the person legally entitled thereto. The clerk shall be
268entitled to receive 5 percent of such proceeds for the care and
269disbursement thereof. The certificate of title issued under this
270law shall be discharged of all liens unless otherwise provided
271by court order.
272     (11)
273     (b)  The department of Highway Safety and Motor Vehicles
274shall charge a fee of $3 for each certificate of destruction. A
275service charge of $4.25 shall be collected and retained by the
276tax collector who processes the application.
277     (c)  The Department of Highway Safety and Motor Vehicles
278may adopt such rules as it deems necessary or proper for the
279administration of this subsection.
280     (12)
281     (d)  Employees of the department of Highway Safety and
282Motor Vehicles and law enforcement officers are authorized to
283inspect the records of any person regularly engaged in the
284business of recovering, towing, or storing vehicles or vessels
285or transporting vehicles or vessels by wrecker, tow truck, or
286car carrier, to ensure compliance with the requirements of this
287section. Any person who fails to maintain records, or fails to
288produce records when required in a reasonable manner and at a
289reasonable time, commits a misdemeanor of the first degree,
290punishable as provided in s. 775.082 or s. 775.083.
291     (13)(a)  Upon receipt by the department of Highway Safety
292and Motor Vehicles of written notice from a wrecker operator who
293claims a wrecker operator's lien under paragraph (2)(c) or
294paragraph (2)(d) for recovery, towing, or storage of an
295abandoned vehicle or vessel upon instructions from any law
296enforcement agency, for which a certificate of destruction has
297been issued under subsection (11), the department shall place
298the name of the registered owner of that vehicle or vessel on
299the list of those persons who may not be issued a license plate
300or revalidation sticker for any motor vehicle under s.
301320.03(8). If the vehicle or vessel is owned jointly by more
302than one person, the name of each registered owner shall be
303placed on the list. The notice of wrecker operator's lien shall
304be submitted on forms provided by the department, which must
305include:
306     1.  The name, address, and telephone number of the wrecker
307operator.
308     2.  The name of the registered owner of the vehicle or
309vessel and the address to which the wrecker operator provided
310notice of the lien to the registered owner under subsection (4).
311     3.  A general description of the vehicle or vessel,
312including its color, make, model, body style, and year.
313     4.  The vehicle identification number (VIN); registration
314license plate number, state, and year; validation decal number,
315state, and year; vessel registration number; hull identification
316number; or other identification number, as applicable.
317     5.  The name of the person or the corresponding law
318enforcement agency that requested that the vehicle or vessel be
319recovered, towed, or stored.
320     6.  The amount of the wrecker operator's lien, not to
321exceed the amount allowed by paragraph (b).
322     (g)  The department of Highway Safety and Motor Vehicles
323may adopt rules pursuant to ss. 120.536(1) and 120.54 to
324implement this section subsection.
325     Section 5.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.