Senate Bill sb1006

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    Florida Senate - 2007                                  SB 1006

    By Senator Diaz de la Portilla





    32-216A-07                                           See HB 61

  1                      A bill to be entitled

  2         An act relating to recovering, towing, or

  3         storing vehicles and vessels; amending ss.

  4         125.0103 and 166.043, F.S.; prescribing the

  5         rates for towing and storage in counties and

  6         municipalities that have not established rates;

  7         amending s. 321.051, F.S.; requiring the rates

  8         for the wrecker operator system of the Florida

  9         Highway Patrol to be established and reviewed

10         biennially to ensure that the rates are

11         equitable; amending s. 713.78, F.S.; revising

12         provisions governing liens for recovering,

13         towing, or storing vehicles and vessels;

14         revising requirements for notice to be provided

15         by mail to the vehicle or vessel owner,

16         insurance company, and lienholders; requiring

17         that proof of mailing be provided to certain

18         persons; revising provisions for sale of the

19         vehicle or vessel; authorizing an

20         administrative charge; providing an effective

21         date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Paragraph (c) of subsection (1) of section

26  125.0103, Florida Statutes, is amended to read:

27         125.0103  Ordinances and rules imposing price controls;

28  findings required; procedures.--

29         (1)

30         (c)  Counties must establish maximum rates which may be

31  charged on the towing of vehicles from or immobilization of

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1  vehicles on private property, removal and storage of wrecked

 2  or disabled vehicles from an accident scene or for the removal

 3  and storage of vehicles, in the event the owner or operator is

 4  incapacitated, unavailable, leaves the procurement of wrecker

 5  service to the law enforcement officer at the scene, or

 6  otherwise does not consent to the removal of the vehicle.

 7  However, if a municipality chooses to enact an ordinance

 8  establishing the maximum fees for the towing or immobilization

 9  of vehicles as described in paragraph (b), the county's

10  ordinance shall not apply within such municipality. Except as

11  provided by a municipality, the rates for a county that has

12  not established rates shall be the rates established for the

13  wrecker operator system of the Division of Florida Highway

14  Patrol of the Department of Highway Safety and Motor Vehicles

15  under s. 321.051.

16         Section 2.  Paragraph (c) of subsection (1) of section

17  166.043, Florida Statutes, is amended to read:

18         166.043  Ordinances and rules imposing price controls;

19  findings required; procedures.--

20         (1)

21         (c)  Counties must establish maximum rates which may be

22  charged on the towing of vehicles from or immobilization of

23  vehicles on private property, removal and storage of wrecked

24  or disabled vehicles from an accident scene or for the removal

25  and storage of vehicles, in the event the owner or operator is

26  incapacitated, unavailable, leaves the procurement of wrecker

27  service to the law enforcement officer at the scene, or

28  otherwise does not consent to the removal of the vehicle.

29  However, if a municipality chooses to enact an ordinance

30  establishing the maximum fees for the towing or immobilization

31  of vehicles as described in paragraph (b), the county's

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1  ordinance established under s. 125.0103 shall not apply within

 2  such municipality. Unless provided by the county, in a

 3  municipality that has not established rates, the rates shall

 4  be the rates established for the wrecker operator system of

 5  the Division of Florida Highway Patrol of the Department of

 6  Highway Safety and Motor Vehicles under s. 321.051.

 7         Section 3.  Subsection (2) of section 321.051, Florida

 8  Statutes, is amended to read:

 9         321.051  Florida Highway Patrol wrecker operator

10  system; penalties for operation outside of system.--

11         (2)  The Division of Florida Highway Patrol of the

12  Department of Highway Safety and Motor Vehicles is authorized

13  to establish within areas designated by the patrol a wrecker

14  operator system using qualified, reputable wrecker operators

15  for removal and storage of wrecked or disabled vehicles from a

16  crash scene or for removal and storage of abandoned vehicles,

17  in the event the owner or operator is incapacitated or

18  unavailable or leaves the procurement of wrecker service to

19  the officer at the scene. All reputable wrecker operators

20  shall be eligible for use in the system provided their

21  equipment and drivers meet recognized safety qualifications

22  and mechanical standards set by rules of the Division of

23  Florida Highway Patrol for the size of vehicle it is designed

24  to handle. The division is authorized to limit the number of

25  wrecker operators participating in the wrecker operator

26  system, which authority shall not affect wrecker operators

27  currently participating in the system established by this

28  section. The division shall is authorized to establish maximum

29  rates for the towing and storage of vehicles removed at the

30  division's request, where such rates have not been set by a

31  county or municipality pursuant to s. 125.0103 or s. 166.043.

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1  These rates must be reviewed biennially in June for the

 2  purpose of ensuring that the rates are equitable. Such rates

 3  shall not be considered rules for the purpose of chapter 120;

 4  however, the department shall establish by rule a procedure

 5  for setting such rates.  Any provision in chapter 120 to the

 6  contrary notwithstanding, a final order of the department

 7  denying, suspending, or revoking a wrecker operator's

 8  participation in the system shall be reviewable in the manner

 9  and within the time provided by the Florida Rules of Appellate

10  Procedure only by a writ of certiorari issued by the circuit

11  court in the county wherein such wrecker operator resides.

12         Section 4.  Subsection (2) of section 713.78, Florida

13  Statutes, reads, and subsections (4) and (6) of that section

14  are amended to read:

15         713.78  Liens for recovering, towing, or storing

16  vehicles and vessels.--

17         (2)  Whenever a person regularly engaged in the

18  business of transporting vehicles or vessels by wrecker, tow

19  truck, or car carrier recovers, removes, or stores a vehicle

20  or vessel upon instructions from:

21         (a)  The owner thereof;

22         (b)  The owner or lessor, or a person authorized by the

23  owner or lessor, of property on which such vehicle or vessel

24  is wrongfully parked, and the removal is done in compliance

25  with s. 715.07; or

26         (c)  Any law enforcement agency,

27  

28  she or he shall have a lien on the vehicle or vessel for a

29  reasonable towing fee and for a reasonable storage fee; except

30  that no storage fee shall be charged if the vehicle is stored

31  for less than 6 hours.

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1         (4)(a)  Any person regularly engaged in the business of

 2  recovering, towing, or storing vehicles or vessels who comes

 3  into possession of a vehicle or vessel pursuant to subsection

 4  (2), and who claims a lien for recovery, towing, or storage

 5  services, shall give notice to the registered owner, to the

 6  insurance company insuring the vehicle notwithstanding the

 7  provisions of s. 627.736, and to all persons claiming a lien

 8  thereon, as disclosed by the records in the Department of

 9  Highway Safety and Motor Vehicles or of a corresponding agency

10  in any other state.

11         (b)  Whenever any law enforcement agency authorizes the

12  removal of a vehicle or vessel or whenever any towing service,

13  garage, repair shop, or automotive service, storage, or

14  parking place notifies the law enforcement agency of

15  possession of a vehicle or vessel pursuant to s.

16  715.07(2)(a)2., the applicable law enforcement agency shall

17  contact the Department of Highway Safety and Motor Vehicles,

18  or the appropriate agency of the state of registration, if

19  known, within 24 hours through the medium of electronic

20  communications, giving the full description of the vehicle or

21  vessel. Upon receipt of the full description of the vehicle or

22  vessel, the department shall search its files to determine the

23  owner's name, the insurance company insuring the vehicle or

24  vessel, and whether any person has filed a lien upon the

25  vehicle or vessel as provided in s. 319.27(2) and (3) and

26  notify the applicable law enforcement agency within 72 hours.

27  The person in charge of the towing service, garage, repair

28  shop, or automotive service, storage, or parking place shall

29  obtain such information from the  applicable law enforcement

30  agency within 5 days after the date of storage and shall give

31  notice pursuant to paragraph (a). The department may release

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1  the insurance company information to the requestor

 2  notwithstanding the provisions of s. 627.736.

 3         (c)  Notice by certified mail, return receipt

 4  requested, shall be sent within 7 business days after the date

 5  of storage of the vehicle or vessel to the registered owner,

 6  the insurance company insuring the vehicle notwithstanding the

 7  provisions of s. 627.736, and all persons of record claiming a

 8  lien against the vehicle or vessel. Proof of mailing must be

 9  provided upon request to any person involved in an action. The

10  notice must It shall state the fact of possession of the

11  vehicle or vessel, that a lien as provided in subsection (2)

12  is claimed, that charges have accrued and the amount thereof,

13  that the lien is subject to enforcement pursuant to law, and

14  that the owner or lienholder, if any, has the right to a

15  hearing as set forth in subsection (5), and that any vehicle

16  or vessel that which remains unclaimed, or for which the

17  charges for recovery, towing, or storage services remain

18  unpaid, may be sold free of all prior liens after 35 days if

19  the vehicle or vessel is more than 3 years of age or after 50

20  days if the vehicle or vessel is 3 years of age or less.

21         (d)  If attempts to locate the name and address of the

22  owner or lienholder prove unsuccessful, the towing-storage

23  operator shall, after 7 working days, excluding Saturday and

24  Sunday, following of the initial tow or storage, notify the

25  public agency of jurisdiction in writing by certified mail or

26  acknowledged hand delivery that the towing-storage company has

27  been unable to locate the name and address of the owner or

28  lienholder and a physical search of the vehicle or vessel has

29  disclosed no ownership information and a good faith effort has

30  been made. Proof of mailing must be provided upon request to

31  any person involved in an action. For purposes of this

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1  paragraph and subsection (9), "good faith effort" means that

 2  the following checks have been performed by the company to

 3  establish prior state of registration and for title:

 4         1.  Check of vehicle or vessel for any type of tag, tag

 5  record, temporary tag, or regular tag.

 6         2.  Check of law enforcement report for tag number or

 7  other information identifying the vehicle or vessel, if the

 8  vehicle or vessel was towed at the request of a law

 9  enforcement officer.

10         3.  Check of trip sheet or tow ticket of tow truck

11  operator to see if a tag was on vehicle or vessel at beginning

12  of tow, if private tow.

13         4.  If there is no address of the owner on the impound

14  report, check of law enforcement report to see if an

15  out-of-state address is indicated from driver license

16  information.

17         5.  Check of vehicle or vessel for inspection sticker

18  or other stickers and decals that may indicate a state of

19  possible registration.

20         6.  Check of the interior of the vehicle or vessel for

21  any papers that may be in the glove box, trunk, or other areas

22  for a state of registration.

23         7.  Check of vehicle for vehicle identification number.

24         8.  Check of vessel for vessel registration number.

25         9.  Check of vessel hull for a hull identification

26  number which should be carved, burned, stamped, embossed, or

27  otherwise permanently affixed to the outboard side of the

28  transom or, if there is no transom, to the outmost seaboard

29  side at the end of the hull that bears the rudder or other

30  steering mechanism.

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1         (6)  Any vehicle or vessel that which is stored

 2  pursuant to subsection (2) and that which remains unclaimed,

 3  or for which reasonable charges for the recovery, towing, or

 4  storage services storing remain unpaid, and any contents not

 5  released pursuant to subsection (10), may be sold by the owner

 6  or operator of the storage space for such recovery, towing, or

 7  storage charges and the charge for administrative costs

 8  authorized under this subsection charge after 35 days

 9  following from the time the vehicle or vessel is stored

10  therein if the vehicle or vessel is more than 3 years of age

11  or after 50 days following the time the vehicle or vessel is

12  stored therein if the vehicle or vessel is 3 years of age or

13  less. The sale shall be at public auction for cash. A charge

14  for administrative costs is authorized under this subsection

15  if it is based on the applicable administrative charge imposed

16  by ordinance or, if an administrative charge is not imposed by

17  ordinance, if the charge for administrative costs is not more

18  than the lesser of $100 or 30 percent of the unpaid recovery,

19  towing, and storage charges. If the date of the sale was not

20  included in the notice required in subsection (4), notice of

21  the sale shall be given to the person in whose name the

22  vehicle or vessel is registered and to all persons claiming a

23  lien on the vehicle or vessel as shown on the records of the

24  Department of Highway Safety and Motor Vehicles or of the

25  corresponding agency in any other state. Notice shall be sent

26  by certified mail, return receipt requested, to the owner of

27  the vehicle or vessel and the person having the recorded lien

28  on the vehicle or vessel at the address shown on the records

29  of the registering agency and shall be mailed not less than 15

30  days before the date of the sale. Proof of mailing must be

31  provided upon request to any person involved in an action.

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    Florida Senate - 2007                                  SB 1006
    32-216A-07                                           See HB 61




 1  After diligent search and inquiry, if the name and address of

 2  the registered owner or the owner of the recorded lien cannot

 3  be ascertained, the requirements of notice by mail may be

 4  dispensed with. In addition to the notice by mail, public

 5  notice of the time and place of sale shall be made by

 6  publishing a notice thereof one time, at least 10 days prior

 7  to the date of the sale, in a newspaper of general circulation

 8  in the county in which the sale is to be held. The proceeds of

 9  the sale, after payment of reasonable recovery, towing, and

10  storage charges, and costs of the sale, in that order of

11  priority, shall be deposited with the clerk of the circuit

12  court for the county if the owner is absent, and the clerk

13  shall hold such proceeds subject to the claim of the person

14  legally entitled thereto. The clerk shall be entitled to

15  receive 5 percent of such proceeds for the care and

16  disbursement thereof. The certificate of title issued under

17  this law shall be discharged of all liens unless otherwise

18  provided by court order.

19         Section 5.  This act shall take effect July 1, 2007.

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