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A bill to be entitled

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An act relating to towing vehicles or vessels on private

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property; amending s. 715.07, F.S.; requiring that a

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person engaged in the business of towing obtain written

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permission before towing a vehicle or vessel from private

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property where alcoholic beverages are sold; providing a

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penalty; providing an effective date.

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

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     Section 1.  Subsections (2) and (5) of section 715.07,

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Florida Statutes, are amended to read:

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     715.07  Vehicles or vessels parked on private property;

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towing.--

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     (2)  The owner or lessee of real property, or any person

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authorized by the owner or lessee, which person may be the

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designated representative of the condominium association if the

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real property is a condominium, may cause any vehicle or vessel

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parked on such property without her or his permission to be

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removed by a person regularly engaged in the business of towing

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vehicles or vessels, without liability for the costs of removal,

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transportation, or storage or damages caused by such removal,

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transportation, or storage, under any of the following

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circumstances:

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     (a)  The towing or removal of any vehicle or vessel from

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private property without the consent of the registered owner or

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other legally authorized person in control of that vehicle or

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vessel is subject to strict compliance with the following

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conditions and restrictions:

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     1.a.  Any towed or removed vehicle or vessel must be stored

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at a site within a 10-mile radius of the point of removal in any

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county of 500,000 population or more, and within a 15-mile radius

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of the point of removal in any county of less than 500,000

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population. That site must be open for the purpose of redemption

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of vehicles on any day that the person or firm towing such

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vehicle or vessel is open for towing purposes, from 8:00 a.m. to

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6:00 p.m., and, when closed, shall have prominently posted a sign

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indicating a telephone number where the operator of the site can

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be reached at all times.  Upon receipt of a telephoned request to

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open the site to redeem a vehicle or vessel, the operator shall

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return to the site within 1 hour or she or he will be in

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violation of this section.

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     b.  If no towing business providing such service is located

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within the area of towing limitations set forth in sub-

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subparagraph a., the following limitations apply: any towed or

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removed vehicle or vessel must be stored at a site within a 20-

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mile radius of the point of removal in any county of 500,000

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population or more, and within a 30-mile radius of the point of

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removal in any county of less than 500,000 population.

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     2.  The person or firm towing or removing the vehicle or

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vessel shall, within 30 minutes after completion of such towing

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or removal, notify the municipal police department or, in an

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unincorporated area, the sheriff, of such towing or removal, the

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storage site, the time the vehicle or vessel was towed or

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removed, and the make, model, color, and license plate number of

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the vehicle or description and registration number of the vessel

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and shall obtain the name of the person at that department to

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whom such information was reported and note that name on the trip

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record.

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     3.  A person in the process of towing or removing a vehicle

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or vessel from the premises or parking lot in which the vehicle

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or vessel is not lawfully parked must stop when a person seeks

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the return of the vehicle or vessel. The vehicle or vessel must

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be returned upon the payment of a reasonable service fee of not

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more than one-half of the posted rate for the towing or removal

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service as provided in subparagraph 6. The vehicle or vessel may

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be towed or removed if, after a reasonable opportunity, the owner

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or legally authorized person in control of the vehicle or vessel

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is unable to pay the service fee. If the vehicle or vessel is

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redeemed, a detailed signed receipt must be given to the person

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redeeming the vehicle or vessel.

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     4.  A person may not pay or accept money or other valuable

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consideration for the privilege of towing or removing vehicles or

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vessels from a particular location.

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     5.  Except for property appurtenant to and obviously a part

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of a single-family residence, and except for instances when

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notice is personally given to the owner or other legally

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authorized person in control of the vehicle or vessel that the

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area in which that vehicle or vessel is parked is reserved or

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otherwise unavailable for unauthorized vehicles or vessels and

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that the vehicle or vessel is subject to being removed at the

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owner's or operator's expense, any property owner or lessee, or

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person authorized by the property owner or lessee, prior to

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towing or removing any vehicle or vessel from private property

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without the consent of the owner or other legally authorized

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person in control of that vehicle or vessel, must post a notice

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meeting the following requirements:

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     a.  The notice must be prominently placed at each driveway

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access or curb cut allowing vehicular access to the property,

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within 5 feet from the public right-of-way line.  If there are no

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curbs or access barriers, the signs must be posted not less than

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one sign for each 25 feet of lot frontage.

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     b.  The notice must clearly indicate, in not less than 2-

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inch high, light-reflective letters on a contrasting background,

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that unauthorized vehicles will be towed away at the owner's

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expense.  The words "tow-away zone" must be included on the sign

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in not less than 4-inch high letters.

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     c.  The notice must also provide the name and current

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telephone number of the person or firm towing or removing the

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vehicles or vessels.

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     d.  The sign structure containing the required notices must

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be permanently installed with the words "tow-away zone" not less

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than 3 feet and not more than 6 feet above ground level and must

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be continuously maintained on the property for not less than 24

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hours prior to the towing or removal of any vehicles or vessels.

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     e.  The local government may require permitting and

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inspection of these signs prior to any towing or removal of

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vehicles or vessels being authorized.

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     f.  A business with 20 or fewer parking spaces satisfies the

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notice requirements of this subparagraph by prominently

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displaying a sign stating "Reserved Parking for Customers Only

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Unauthorized Vehicles or Vessels Will be Towed Away At the

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Owner's Expense" in not less than 4-inch high, light-reflective

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letters on a contrasting background.

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     g.  A property owner towing or removing vessels from real

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property must post notice, consistent with the requirements in

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sub-subparagraphs a.-f., which apply to vehicles, that

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unauthorized vehicles or vessels will be towed away at the

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owner's expense.

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A business owner or lessee may authorize the removal of a vehicle

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or vessel by a towing company when the vehicle or vessel is

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parked in such a manner that restricts the normal operation of

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business; and if a vehicle or vessel parked on a public right-of-

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way obstructs access to a private driveway the owner, lessee, or

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agent may have the vehicle or vessel removed by a towing company

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upon signing an order that the vehicle or vessel be removed

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without a posted tow-away zone sign.

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     6.  Any person or firm that tows or removes vehicles or

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vessels and proposes to require an owner, operator, or person in

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control of a vehicle or vessel to pay the costs of towing and

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storage prior to redemption of the vehicle or vessel must file

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and keep on record with the local law enforcement agency a

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complete copy of the current rates to be charged for such

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services and post at the storage site an identical rate schedule

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and any written contracts with property owners, lessees, or

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persons in control of property which authorize such person or

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firm to remove vehicles or vessels as provided in this section.

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     7.  Any person or firm towing or removing any vehicles or

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vessels from private property without the consent of the owner or

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other legally authorized person in control of the vehicles or

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vessels shall, on any trucks, wreckers as defined in s.

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713.78(1)(c), or other vehicles used in the towing or removal,

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have the name, address, and telephone number of the company

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performing such service clearly printed in contrasting colors on

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the driver and passenger sides of the vehicle.  The name shall be

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in at least 3-inch permanently affixed letters, and the address

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and telephone number shall be in at least 1-inch permanently

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affixed letters.

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     8.  Vehicle entry for the purpose of removing the vehicle or

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vessel shall be allowed with reasonable care on the part of the

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person or firm towing the vehicle or vessel.  Such person or firm

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shall be liable for any damage occasioned to the vehicle or

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vessel if such entry is not in accordance with the standard of

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reasonable care.

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     9.  When a vehicle or vessel has been towed or removed

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pursuant to this section, it must be released to its owner or

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custodian within one hour after requested. Any vehicle or vessel

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owner or agent shall have the right to inspect the vehicle or

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vessel before accepting its return, and no release or waiver of

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any kind which would release the person or firm towing the

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vehicle or vessel from liability for damages noted by the owner

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or other legally authorized person at the time of the redemption

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may be required from any vehicle or vessel owner, custodian, or

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agent as a condition of release of the vehicle or vessel to its

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owner.  A detailed, signed receipt showing the legal name of the

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company or person towing or removing the vehicle or vessel must

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be given to the person paying towing or storage charges at the

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time of payment, whether requested or not.

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     10. Before removing a vehicle or vessel from property upon

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which is located a business establishment where alcoholic

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beverages are sold, a person or firm that tows vehicles or

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vessels must obtain written authorization to tow that specific

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vehicle or vessel from the owner or operator of such business

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establishment or a person authorized by the owner or operator to

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give such authorization. The authorization statement must include

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the date and time of removal; a description of the vehicle or

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vessel by make, model, and license tag or registration number;

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and the printed name and signature of the person authorizing the

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removal.

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     (b)  These requirements are minimum standards and do not

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preclude enactment of additional regulations by any municipality

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or county including the right to regulate rates when vehicles or

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vessels are towed from private property.

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     (5)(a)  Any person who violates subparagraph (2)(a)2. or

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subparagraph (2)(a)6. commits a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083.

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     (b)  Any person who violates subparagraph (2)(a)1.,

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subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph

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(2)(a)7., or subparagraph (2)(a)9, or subparagraph (2)(a)(10).

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commits a felony of the third degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     Section 2.  This act shall take effect July 1, 2008.