Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 760
Ì652044~Î652044
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/22/2023 .
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The Committee on Transportation (Perry) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (5) is added to section 321.051,
6 Florida Statutes, to read:
7 321.051 Florida Highway Patrol wrecker operator system;
8 penalties for operation outside of system.—
9 (5) The Division of the Florida Highway Patrol may not
10 exclude a wrecker operator from the wrecker operator system or
11 fail to designate him or her as an authorized wrecker operator
12 based solely on a prior felony conviction, unless such
13 conviction is for a forcible felony as defined in s. 776.08.
14 Section 2. Subsections (1), (2), (4), (5), (6), (9), and
15 (10), paragraph (a) of subsection (11), paragraph (a) of
16 subsection (12), and paragraphs (a), (b), and (d) of subsection
17 (13) of section 713.78, Florida Statutes, are amended, and
18 subsections (18) and (19) are added to that section, to read:
19 713.78 Liens for recovering, towing, or storing vehicles
20 and vessels.—
21 (1) For the purposes of this section, the term:
22 (d)(a) “Vehicle” means any mobile item, whether motorized
23 or not, which is mounted on wheels.
24 (e)(b) “Vessel” means every description of watercraft,
25 barge, and airboat used or capable of being used as a means of
26 transportation on water, other than a seaplane or a “documented
27 vessel” as defined in s. 327.02.
28 (c) “Towing-storage operator” means a person who regularly
29 engages in the business of transporting vehicles or vessels by
30 wrecker, tow truck, or car carrier.
31 (f)(c) “Wrecker” means any truck or other vehicle that
32 which is used to tow, carry, or otherwise transport motor
33 vehicles or vessels upon the streets and highways of this state
34 and which is equipped for that purpose with a boom, winch, car
35 carrier, or other similar equipment.
36 (b)(d) “National Motor Vehicle Title Information System”
37 means the federally authorized electronic National Motor Vehicle
38 Title Information System.
39 (a)(e) “Equivalent commercially available system” means a
40 service that charges a fee to provide vehicle information and
41 that at a minimum maintains records from those states
42 participating in data sharing with the National Motor Vehicle
43 Title Information System.
44 (2)(a) Whenever A towing-storage operator may charge only
45 the following fees for, or incidental to, the recovery, removal,
46 or storage of a vehicle or vessel:
47 1. A reasonable hazardous waste fee.
48 2. A reasonable fee for a service authorized by ordinance
49 of the county or municipality in which the service is performed.
50 3. A reasonable fee for service authorized by rule of the
51 Department of Highway Safety and Motor Vehicles.
52 4. A lien release administrative fee as set forth in
53 paragraph (15)(a).
54 5. A reasonable administrative fee or charge imposed upon
55 the owner of a vehicle or vessel by a county or municipality.
56 (b) If a towing-storage operator person regularly engaged
57 in the business of transporting vehicles or vessels by wrecker,
58 tow truck, or car carrier recovers, removes, or stores a vehicle
59 or vessel upon instructions from:
60 1.(a) The owner thereof;
61 2.(b) The owner or lessor, or a person authorized by the
62 owner or lessor, of property on which such vehicle or vessel is
63 wrongfully parked, and the removal is done in compliance with s.
64 715.07;
65 3.(c) The landlord or a person authorized by the landlord,
66 when such motor vehicle or vessel remained on the premises after
67 the tenancy terminated and the removal is done in compliance
68 with s. 83.806 or s. 715.104; or
69 4.(d) Any law enforcement agency,
70
71 she or he has shall have a lien on the vehicle or vessel for a
72 reasonable recovery fee, a reasonable towing fee, for a
73 reasonable administrative fee or charge imposed by a county or
74 municipality, and for a reasonable storage fee; except that a
75 storage fee may not be charged if the vehicle or vessel is
76 stored for fewer than 6 hours.
77 (c) A towing-storage operator must accept credit cards,
78 debit cards, or electronic payment methods.
79 (4)(a) A towing-storage operator person regularly engaged
80 in the business of recovering, towing, or storing vehicles or
81 vessels who comes into possession of a vehicle or vessel
82 pursuant to paragraph (2)(b) subsection (2), and who claims a
83 lien for recovery, towing, or storage services, must shall give
84 notice, by certified mail, to the registered owner, the
85 insurance company insuring the vehicle notwithstanding s.
86 627.736, and all persons claiming a lien thereon, as disclosed
87 by the records in the Department of Highway Safety and Motor
88 Vehicles or as disclosed by the records of any corresponding
89 agency in any other state in which the vehicle is identified
90 through a records check of the National Motor Vehicle Title
91 Information System or an equivalent commercially available
92 system as being titled or registered.
93 (b) Whenever a law enforcement agency authorizes the
94 removal of a vehicle or vessel or whenever a towing service,
95 garage, repair shop, or automotive service, storage, or parking
96 place notifies the law enforcement agency of possession of a
97 vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
98 enforcement agency of the jurisdiction where the vehicle or
99 vessel is stored shall contact the Department of Highway Safety
100 and Motor Vehicles, or the appropriate agency of the state of
101 registration, if known, within 24 hours through the medium of
102 electronic communications, giving the full description of the
103 vehicle or vessel. Upon receipt of the full description of the
104 vehicle or vessel, the department shall search its files to
105 determine the owner’s name, the insurance company insuring the
106 vehicle or vessel, and whether any person has filed a lien upon
107 the vehicle or vessel as provided in s. 319.27(2) and (3) and
108 notify the applicable law enforcement agency within 72 hours.
109 The person in charge of the towing service, garage, repair shop,
110 or automotive service, storage, or parking place shall obtain
111 such information from the applicable law enforcement agency
112 within 5 days after the date of storage and shall give notice
113 pursuant to paragraph (a). The department may release the
114 insurance company information to the requestor notwithstanding
115 s. 627.736.
116 (b)(c) The notice of lien must be sent by certified mail to
117 the registered owner, the insurance company insuring the vehicle
118 notwithstanding s. 627.736, and all other persons claiming a
119 lien thereon within 3 7 business days, excluding Saturday and
120 Sunday, after the date of storage of the vehicle or vessel.
121 However, in no event shall the notice of lien be sent less than
122 30 days before the sale of the vehicle or vessel. The notice
123 must state:
124 1. If the claim of lien is for a vehicle, the last 8 digits
125 of the vehicle identification number of the vehicle subject to
126 the lien, or, if the claim of lien is for a vessel, the hull
127 identification number of the vessel subject to the lien, clearly
128 printed in the delivery address box and on the outside of the
129 envelope sent to the registered owner and all other persons
130 claiming an interest in therein or lien on the vehicle or vessel
131 thereon.
132 2. The name, physical address, and telephone number of the
133 lienor, and the entity name, as registered with the Division of
134 Corporations, of the business where the towing and storage
135 occurred, which must also appear on the outside of the envelope
136 sent to the registered owner and all other persons claiming an
137 interest in or lien on the vehicle or vessel.
138 3. The fact of possession of the vehicle or vessel.
139 4. The name of the person or entity that authorized the
140 lienor to take possession of the vehicle or vessel.
141 5. That a lien as provided in paragraph (2)(b) subsection
142 (2) is claimed.
143 6. That charges have accrued and include an itemized
144 statement of the amount thereof.
145 7. That the lien is subject to enforcement under law and
146 that the owner or lienholder, if any, has the right to a hearing
147 as set forth in subsection (5).
148 8. That any vehicle or vessel that remains unclaimed, or
149 for which the charges for recovery, towing, or storage services
150 remain unpaid, may be sold free of all prior liens 35 days after
151 the vehicle or vessel is stored by the lienor if the vehicle or
152 vessel is more than 3 years of age or 65 50 days after the
153 vehicle or vessel is stored by the lienor if the vehicle or
154 vessel is 3 years of age or less.
155 9. The address at which the vehicle or vessel is physically
156 located.
157 (c)(d) The notice of lien may not be sent to the registered
158 owner, the insurance company insuring the vehicle or vessel, and
159 all other persons claiming a lien thereon less than 30 days
160 before the sale of a the vehicle or vessel that is more than 3
161 years of age or less than 60 days before the sale of a vehicle
162 or vessel that is 3 years of age or less.
163 (d)(e) If attempts to locate the name and address of the
164 owner or lienholder prove unsuccessful, the towing-storage
165 operator shall, after 3 7 business days, excluding Saturday and
166 Sunday, after the initial tow or storage, notify the public
167 agency of jurisdiction where the vehicle or vessel is stored in
168 writing by certified mail or acknowledged hand delivery that the
169 towing-storage company has been unable to locate the name and
170 address of the owner or lienholder and a physical search of the
171 vehicle or vessel has disclosed no ownership information and a
172 good faith effort has been made, including records checks of the
173 Department of Highway Safety and Motor Vehicles database and the
174 National Motor Vehicle Title Information System or an equivalent
175 commercially available system. For purposes of this paragraph
176 and subsection (9), the term “good faith effort” means that the
177 following checks have been performed by the company to establish
178 the prior state of registration and for title:
179 1. A check of the department’s database for the owner and
180 any lienholder.
181 2. A check of the electronic National Motor Vehicle Title
182 Information System or an equivalent commercially available
183 system to determine the state of registration when there is not
184 a current registration record for the vehicle or vessel on file
185 with the department.
186 3. A check of the vehicle or vessel for any type of tag,
187 tag record, temporary tag, or regular tag.
188 4. A check of the law enforcement report for a tag number
189 or other information identifying the vehicle or vessel, if the
190 vehicle or vessel was towed at the request of a law enforcement
191 officer.
192 5. A check of the trip sheet or tow ticket of the tow truck
193 operator to determine whether a tag was on the vehicle or vessel
194 at the beginning of the tow, if a private tow.
195 6. If there is no address of the owner on the impound
196 report, a check of the law enforcement report to determine
197 whether an out-of-state address is indicated from driver license
198 information.
199 7. A check of the vehicle or vessel for an inspection
200 sticker or other stickers and decals that may indicate a state
201 of possible registration.
202 8. A check of the interior of the vehicle or vessel for any
203 papers that may be in the glove box, trunk, or other areas for a
204 state of registration.
205 9. A check of the vehicle for a vehicle identification
206 number.
207 10. A check of the vessel for a vessel registration number.
208 11. A check of the vessel hull for a hull identification
209 number which should be carved, burned, stamped, embossed, or
210 otherwise permanently affixed to the outboard side of the
211 transom or, if there is no transom, to the outmost seaboard side
212 at the end of the hull that bears the rudder or other steering
213 mechanism.
214 (5)(a) The owner of a vehicle or vessel removed pursuant to
215 paragraph (2)(b) subsection (2), or any person claiming a lien,
216 other than the towing-storage operator, within 10 days after the
217 time she or he has knowledge of the location of the vehicle or
218 vessel, may file a complaint in the county court of the county
219 in which the vehicle or vessel is stored to determine whether
220 her or his property was wrongfully taken or withheld.
221 (b) Regardless of whether a complaint is filed pursuant to
222 paragraph (a), At any time before the sale of the vehicle or
223 vessel, an owner or lienholder may have her or his vehicle or
224 vessel released upon payment of the applicable fee in s. 28.24
225 and posting with the court a cash or surety bond, or other
226 adequate security, in accordance with s. 559.917 equal to the
227 amount of the charges for towing or storage and lot rental
228 amount to ensure the payment of such charges in the event she or
229 he does not prevail. A vehicle under this paragraph is
230 considered a motor vehicle for the purposes of s. 559.917 Upon
231 the posting of the bond and the payment of the applicable fee
232 set forth in s. 28.24, the clerk of the court shall issue a
233 certificate notifying the lienor of the posting of the bond and
234 directing the lienor to release the vehicle or vessel. At the
235 time of such release, after reasonable inspection, she or he
236 shall give a receipt to the towing-storage company reciting any
237 claims she or he has for loss or damage to the vehicle or vessel
238 or the contents thereof.
239 (c) Upon determining the respective rights of the parties,
240 the court may award damages, attorney attorney’s fees, and costs
241 in favor of the prevailing party. In the event the lienor
242 prevails In any event, the final order must shall provide for
243 immediate payment in full of recovery, towing, and storage fees
244 by the vehicle or vessel owner or lienholder; or the agency
245 ordering the tow; or the owner, lessee, or agent thereof of the
246 property from which the vehicle or vessel was removed.
247 (6) A vehicle or vessel that is stored pursuant to
248 paragraph (2)(b) subsection (2) and remains unclaimed, or for
249 which reasonable charges for recovery, towing, or storing remain
250 unpaid, and any contents not released pursuant to subsection
251 (10), may be sold by the owner or operator of the storage space
252 for such towing or storage charge 35 days after the vehicle or
253 vessel is stored by the lienor if the vehicle or vessel is more
254 than 3 years of age or 65 50 days after the vehicle or vessel is
255 stored by the lienor if the vehicle or vessel is 3 years of age
256 or less. The sale must shall be at public sale for cash. If the
257 date of the sale was not included in the notice required in
258 subsection (4), notice of the sale must shall be given to the
259 person in whose name the vehicle or vessel is registered and to
260 all persons claiming a lien on the vehicle or vessel as shown on
261 the records of the Department of Highway Safety and Motor
262 Vehicles or of any corresponding agency in any other state in
263 which the vehicle is identified through a records check of the
264 National Motor Vehicle Title Information System or an equivalent
265 commercially available system as being titled. Notice of the
266 sale must be sent by certified mail to the owner of the vehicle
267 or vessel and the person having the recorded lien on the vehicle
268 or vessel at the address shown on the records of the registering
269 agency at least 30 days before the sale of the vehicle or
270 vessel. The notice must have clearly identified and printed, if
271 the claim of lien is for a motor vehicle, The last 8 digits of
272 the vehicle identification number of the motor vehicle subject
273 to the lien, or, if the claim of lien is for a vessel, the hull
274 identification number of the vessel subject to the lien, must be
275 clearly identified and printed in the delivery address box and
276 on the outside of the envelope sent to the registered owner and
277 all other persons claiming an interest in therein or lien on the
278 vehicle or vessel thereon. The notice must be sent to the owner
279 of the vehicle or vessel and the person having the recorded lien
280 on the vehicle or vessel at the address shown on the records of
281 the registering agency at least 30 days before the sale of the
282 vehicle or vessel. The notice must state the name, physical
283 address, and telephone number of the lienor, and the vehicle
284 identification number if the claim of lien is for a vehicle or
285 the hull identification number if the claim of lien is for a
286 vessel, all of which must also appear in the return address
287 section on the outside of the envelope containing the notice of
288 sale. After diligent search and inquiry, if the name and address
289 of the registered owner or the owner of the recorded lien cannot
290 be ascertained, the requirements of notice by mail may be
291 dispensed with. In addition to the notice by mail, public notice
292 of the time and place of sale must shall be made by publishing a
293 notice thereof one time, at least 30 10 days before the date of
294 the sale, in a newspaper of general circulation in the county in
295 which the sale is to be held. The proceeds of the sale, after
296 payment of reasonable towing and storage charges, and costs of
297 the sale, in that order of priority, must shall be deposited
298 with the clerk of the circuit court for the county if the owner
299 or lienholder is absent, and the clerk shall hold such proceeds
300 subject to the claim of the owner or lienholder legally entitled
301 thereto. The clerk is shall be entitled to receive 5 percent of
302 such proceeds for the care and disbursement thereof. The
303 certificate of title issued under this law shall be discharged
304 of All liens Upon compliance by the towing-storage operator with
305 this section, all liens on the certificate of title issued under
306 this section must be discharged unless otherwise provided by
307 court order. The owner or lienholder may file a complaint after
308 the vehicle or vessel has been sold in the county court of the
309 county in which it is stored. Upon determining the respective
310 rights of the parties, the court may award damages, attorney
311 fees, and costs in favor of the prevailing party.
312 (9) Failure to make good faith efforts to substantially
313 comply with the notice requirements of this section or precludes
314 the imposition of any storage charges against the vehicle or
315 vessel. If a lienor fails to provide notice to a person claiming
316 a lien on a vehicle or vessel in accordance with subsection (4),
317 precludes the imposition of storage charges against the vehicle
318 or vessel the lienor may not charge the person for more than 3 7
319 days of storage, but such failure does not affect charges made
320 for towing the vehicle or vessel or the priority of liens on the
321 vehicle or vessel.
322 (10)(a) A towing-storage operator Persons who provide
323 services pursuant to this section shall permit rental car
324 vehicle or vessel owners, lienholders, insurance company
325 representatives, or their agents, which agency is evidenced by
326 an original writing acknowledged by the owner before a notary
327 public or other person empowered by law to administer oaths, to
328 inspect the towed vehicle or vessel and shall release to the
329 owner, lienholder, or agent the vehicle, vessel, or all personal
330 property not affixed to the vehicle or vessel which was in the
331 vehicle or vessel at the time the vehicle or vessel came into
332 the custody of the person providing such services. For the
333 purposes of this paragraph, a rental car agreement does not
334 constitute evidence that the person who rented a vehicle is an
335 agent of the owner of the vehicle, and a towing company may not
336 release a vehicle owned by a rental car company to the person
337 who rented the vehicle unless the rental car company appoints
338 the person who rented the vehicle as its agent. Such appointment
339 must be evidenced in an original writing acknowledged by the
340 rental car company before a notary public or other person
341 empowered by law to administer oaths and must authorize the
342 person to inspect and redeem the towed vehicle.
343 (b) A towing-storage operator shall permit non-rental
344 vehicle or vessel owners, lienholders, insurance company
345 representatives, or their agents to inspect the towed vehicle or
346 vessel. The towing-storage operator must make the vehicle or
347 vessel available for inspection during regular business hours
348 within 3 business days after receiving a written request to
349 inspect the vehicle or vessel and shall release to the owner,
350 lienholder, or agent the vehicle, vessel, or all personal
351 property not affixed to the vehicle or vessel which was in the
352 vehicle or vessel at the time the vehicle or vessel came into
353 the custody of the towing-storage operator. A towing-storage
354 operator must accept a copy of either an electronic title or a
355 paper title as evidence of a person’s interest in a vehicle or
356 vessel.
357 (11)(a) A towing-storage operator Any person regularly
358 engaged in the business of recovering, towing, or storing
359 vehicles or vessels who comes into possession of a vehicle or
360 vessel pursuant to paragraph (2)(b) subsection (2) and who has
361 complied with the provisions of subsections (4) (3) and (6),
362 when such vehicle or vessel is to be sold for purposes of being
363 dismantled, destroyed, or changed in such manner that it is not
364 the motor vehicle or vessel described in the certificate of
365 title, must shall report the vehicle to the National Motor
366 Vehicle Title Information System and apply to the Department of
367 Highway Safety and Motor Vehicles for a certificate of
368 destruction. A certificate of destruction, which authorizes the
369 dismantling or destruction of the vehicle or vessel described
370 therein, is shall be reassignable a maximum of two times before
371 dismantling or destruction of the vehicle is shall be required,
372 and must shall accompany the vehicle or vessel for which it is
373 issued, when such vehicle or vessel is sold for such purposes,
374 in lieu of a certificate of title. The application for a
375 certificate of destruction must include proof of reporting to
376 the National Motor Vehicle Title Information System and an
377 affidavit from the applicant that she or he it has complied with
378 all applicable requirements of this section and, if the vehicle
379 or vessel is not registered in this state or any other state, by
380 a statement from a law enforcement officer that the vehicle or
381 vessel is not reported stolen, and must shall be accompanied by
382 such documentation as may be required by the department.
383 (12)(a) Any person who violates paragraph (2)(b) any
384 provision of subsection (1), subsection (2), subsection (4),
385 subsection (5), subsection (6), or subsection (7) is guilty of a
386 misdemeanor of the first degree, punishable as provided in s.
387 775.082 or s. 775.083.
388 (13)(a) Upon receipt by the Department of Highway Safety
389 and Motor Vehicles of written notice from a wrecker operator who
390 claims a wrecker operator’s lien under subparagraph (2)(b)4.
391 paragraph (2)(d) for recovery, towing, or storage of an
392 abandoned vehicle or vessel upon instructions from any law
393 enforcement agency, for which a certificate of destruction has
394 been issued under subsection (11) and the vehicle has been
395 reported to the National Motor Vehicle Title Information System,
396 the department shall place the name of the registered owner of
397 that vehicle or vessel on the list of those persons who may not
398 be issued a license plate or revalidation sticker for any motor
399 vehicle under s. 320.03(8). If the vehicle or vessel is owned
400 jointly by more than one person, the name of each registered
401 owner must shall be placed on the list. The notice of wrecker
402 operator’s lien must shall be submitted on forms provided by the
403 department and, which must include:
404 1. The name, address, and telephone number of the wrecker
405 operator.
406 2. The name of the registered owner of the vehicle or
407 vessel and the address to which the wrecker operator provided
408 notice of the lien to the registered owner under subsection (4).
409 3. A general description of the vehicle or vessel,
410 including its color, make, model, body style, and year.
411 4. The vehicle identification number (VIN); registration
412 license plate number, state, and year; validation decal number,
413 state, and year; vessel registration number; hull identification
414 number; or other identification number, as applicable.
415 5. The name of the person or the corresponding law
416 enforcement agency that requested that the vehicle or vessel be
417 recovered, towed, or stored.
418 6. The amount of the wrecker operator’s lien, not to exceed
419 the amount allowed by paragraph (b).
420 (b) For purposes of this subsection only, the amount of the
421 wrecker operator’s lien for which the department will prevent
422 issuance of a license plate or revalidation sticker may not
423 exceed the amount of the charges for recovery, towing, and
424 storage of the vehicle or vessel for 7 days. These charges may
425 not exceed the maximum rates imposed by the ordinances of the
426 respective county or municipality under ss. 125.0103(1)(c) and
427 166.043(1)(c). This paragraph does not limit the amount of a
428 wrecker operator’s lien claimed under paragraph (2)(b)
429 subsection (2) or prevent a wrecker operator from seeking civil
430 remedies for enforcement of the entire amount of the lien, but
431 limits only that portion of the lien for which the department
432 will prevent issuance of a license plate or revalidation
433 sticker.
434 (d) Upon discharge of the amount of the wrecker operator’s
435 lien allowed by paragraph (b), the wrecker operator must issue a
436 certificate of discharged wrecker operator’s lien on forms
437 provided by the department to each registered owner of the
438 vehicle or vessel attesting that the amount of the wrecker
439 operator’s lien allowed by paragraph (b) has been discharged.
440 Upon presentation of the certificate of discharged wrecker
441 operator’s lien by the registered owner, the department must
442 shall immediately remove the registered owner’s name from the
443 list of those persons who may not be issued a license plate or
444 revalidation sticker for any motor vehicle under s. 320.03(8),
445 thereby allowing issuance of a license plate or revalidation
446 sticker. Issuance of a certificate of discharged wrecker
447 operator’s lien under this paragraph does not discharge the
448 entire amount of the wrecker operator’s lien claimed under
449 paragraph (2)(b) subsection (2), but only certifies to the
450 department that the amount of the wrecker operator’s lien
451 allowed by paragraph (b), for which the department will prevent
452 issuance of a license plate or revalidation sticker, has been
453 discharged.
454 (18) For 3 years, a towing-storage operator must retain
455 records produced for all vehicles or vessels recovered, towed,
456 stored, or released, which records must include at least the
457 following:
458 (a) All notice publications and certified mailings;
459 (b) The purchase price of unclaimed vehicles or vessels
460 sold;
461 (c) The names and addresses of persons to which vehicles or
462 vessels were released;
463 (d) The name and address of vehicle or vessel purchasers;
464 and
465 (e) All fees imposed under this section.
466 (19) This section is the exclusive remedy for the placement
467 or foreclosure of a storage lien placed on a vehicle or vessel
468 pursuant to s. 83.19, s. 83.805, or s. 677.210.
469 Section 3. Section 559.917, Florida Statutes, is amended to
470 read:
471 559.917 Bond to release possessory lien claimed by motor
472 vehicle repair shop or towing-storage operator.—
473 (1)(a) A customer or a person of record claiming a lien
474 against a motor vehicle or vessel may obtain the release of the
475 motor vehicle or vessel from any lien claimed under part II of
476 chapter 713 by a motor vehicle repair shop for repair work
477 performed under a written repair estimate or by a towing-storage
478 operator for recovery, towing, or storage charges by filing with
479 the clerk of the court in the circuit in which the disputed
480 transaction occurred a cash or surety bond, payable to the
481 person claiming the lien and conditioned for the payment of any
482 judgment which may be entered on the lien. The bond must shall
483 be in the amount stated on the notice of lien required under s.
484 713.78(4) or on the invoice required by s. 559.911, plus accrued
485 storage charges, if any, less any amount paid to the motor
486 vehicle repair shop as indicated on the invoice. The customer or
487 person is shall not be required to institute judicial
488 proceedings in order to post the bond in the registry of the
489 court and is shall not be required to use a particular form for
490 posting the bond unless the clerk provides such form to the
491 customer or person for filing. Upon the posting of such bond,
492 the clerk of the court shall automatically issue a certificate
493 notifying the lienor of the posting of the bond and directing
494 the lienor to release the motor vehicle or vessel.
495 (b) The lienor has shall have 60 days to file suit to
496 recover the bond. The prevailing party in that action may be
497 entitled to damages plus court costs and reasonable attorney
498 fees. If the lienor fails to file suit within 60 days after the
499 posting of such bond, the bond must shall be discharged by the
500 clerk.
501 (2) If the failure of a lienor fails to release or return
502 to the customer or person the motor vehicle or vessel upon which
503 any lien is claimed, upon receiving a copy of a certificate
504 giving notice of the posting of the bond and directing release
505 of the motor vehicle or vessel, the lienor is shall subject the
506 lienor to judicial proceedings which may be brought by the
507 customer or person to compel compliance with the certificate. If
508 Whenever a customer or person brings an action to compel
509 compliance with the certificate, the customer or person must
510 need only establish the following that:
511 (a) That the bond in the amount on the notice of lien
512 required under s. 713.78(4) or on of the invoice, plus accrued
513 storage charges, if any, less any amount paid to the motor
514 vehicle repair shop as indicated on the invoice, was posted.;
515 (b) That a certificate was issued under pursuant to this
516 section.;
517 (c) That the motor vehicle repair shop or towing-storage
518 operator, or any employee or agent thereof who is authorized to
519 release the motor vehicle or vessel, received a copy of a
520 certificate issued under pursuant to this section.; and
521 (d) That the motor vehicle repair shop or towing-storage
522 operator, or an employee or agent thereof who is authorized to
523 release the motor vehicle or vessel, failed to release the motor
524 vehicle or vessel.
525
526 The customer or person of record, claiming a lien against a
527 motor vehicle or vessel, upon a judgment in her or his favor in
528 an action brought under this subsection, may be entitled to
529 damages plus court costs and reasonable attorney fees sustained
530 by her or him by reason of such wrongful detention or retention.
531 Upon a judgment in favor of the motor vehicle repair shop or
532 towing-storage operator, the shop or towing-storage operator may
533 be entitled to reasonable attorney fees.
534 (3) A motor vehicle repair shop or towing-storage operator
535 that, or an employee or agent thereof who is authorized to
536 release the motor vehicle or vessel, who, upon receiving a copy
537 of a certificate giving notice of the posting of the bond in the
538 required amount and directing release of the motor vehicle or
539 vessel, fails to release or return the property to the customer
540 or person pursuant to this section commits a misdemeanor of the
541 second degree, punishable as provided in s. 775.082 or s.
542 775.083.
543 (4) A customer or person who stops payment on a credit card
544 charge or a check drawn in favor of a motor vehicle repair shop
545 on account of an invoice or who fails to post a cash or surety
546 bond under pursuant to this section is shall be prohibited from
547 any recourse under this section with respect to the motor
548 vehicle repair shop.
549 (5) For purposes of this section, the terms “towing-storage
550 operator” and “vessel” have the same meanings as in s.
551 713.78(1).
552 Section 4. Subsection (5) is added to section 83.19,
553 Florida Statutes, to read:
554 83.19 Sale of property distrained.—
555 (5) A lien on a vehicle or vessel, as those terms are
556 defined in s. 713.78(1), of a tenant or lessee must be
557 foreclosed pursuant to s. 713.78 and may not be foreclosed under
558 this chapter.
559 Section 5. Section 83.805, Florida Statutes, is amended to
560 read:
561 83.805 Lien.—
562 (1) The owner of a self-service storage facility or self
563 contained storage unit and the owner’s heirs, executors,
564 administrators, successors, and assigns have a lien upon all
565 personal property, whether or not owned by the tenant, located
566 at a self-service storage facility or in a self-contained
567 storage unit for rent, labor charges, or other charges, present
568 or future, in relation to the personal property and for expenses
569 necessary for its preservation or expenses reasonably incurred
570 in its sale or other disposition pursuant to ss. 83.801-83.809.
571 The lien provided for in this section attaches as of the date
572 that the personal property is brought to the self-service
573 storage facility or as of the date the tenant takes possession
574 of the self-contained storage unit, and the priority of this
575 lien shall be the same as provided in s. 83.08; however, in the
576 event of default, the owner must give notice to persons who hold
577 perfected security interests under the Uniform Commercial Code
578 in which the tenant is named as the debtor.
579 (2) A lien on a vehicle or vessel, as those terms are
580 defined in s. 713.78(1), of a tenant or lessee must be
581 foreclosed pursuant to s. 713.78 and may not be placed or
582 foreclosed under this chapter.
583 Section 6. Subsection (10) of section 83.806, Florida
584 Statutes, is amended to read:
585 83.806 Enforcement of lien.—An owner’s lien as provided in
586 s. 83.805 may be satisfied as follows:
587 (10) If a lien is claimed on property that is a motor
588 vehicle or a watercraft and rent and other charges related to
589 the property remain unpaid or unsatisfied for 60 days after the
590 maturity of the obligation to pay the rent and other charges,
591 the facility or unit owner may sell the property pursuant to s.
592 713.78 this section or have the property towed. If a motor
593 vehicle or watercraft is towed, the facility or unit owner is
594 not liable for the motor vehicle or watercraft or any damages to
595 the motor vehicle or watercraft once a wrecker takes possession
596 of the property. The wrecker taking possession of the property
597 must comply with all notification and sale requirements provided
598 in s. 713.78.
599 Section 7. Subsection (10) is added to section 677.210,
600 Florida Statutes, to read:
601 677.210 Enforcement of warehouse’s lien.—
602 (10) A lien on a vehicle or vessel, as those terms are
603 defined in s. 713.78(1), must be placed and foreclosed pursuant
604 to s. 713.78 and may not be placed or foreclosed under this
605 chapter.
606 Section 8. Paragraph (a) of subsection (2) of section
607 715.07, Florida Statutes, is amended to read:
608 715.07 Vehicles or vessels parked on private property;
609 towing.—
610 (2) The owner or lessee of real property, or any person
611 authorized by the owner or lessee, which person may be the
612 designated representative of the condominium association if the
613 real property is a condominium, may cause any vehicle or vessel
614 parked on such property without her or his permission to be
615 removed by a person regularly engaged in the business of towing
616 vehicles or vessels, without liability for the costs of removal,
617 transportation, or storage or damages caused by such removal,
618 transportation, or storage, under any of the following
619 circumstances:
620 (a) The towing or removal of any vehicle or vessel from
621 private property without the consent of the registered owner or
622 other legally authorized person in control of that vehicle or
623 vessel is subject to substantial compliance with the following
624 conditions and restrictions:
625 1.a. Any towed or removed vehicle or vessel must be stored
626 at a site within a 10-mile radius of the point of removal in any
627 county of 500,000 population or more, and within a 15-mile
628 radius of the point of removal in any county of fewer than
629 500,000 population. That site must be open for the purpose of
630 redemption of vehicles on any day that the person or firm towing
631 such vehicle or vessel is open for towing purposes, from 8:00
632 a.m. to 6:00 p.m., and, when closed, shall have prominently
633 posted a sign indicating a telephone number where the operator
634 of the site can be reached at all times. Upon receipt of a
635 telephoned request to open the site to redeem a vehicle or
636 vessel, the operator shall return to the site within 1 hour or
637 she or he will be in violation of this section.
638 b. If no towing business providing such service is located
639 within the area of towing limitations set forth in sub
640 subparagraph a., the following limitations apply: any towed or
641 removed vehicle or vessel must be stored at a site within a 20
642 mile radius of the point of removal in any county of 500,000
643 population or more, and within a 30-mile radius of the point of
644 removal in any county of fewer than 500,000 population.
645 2. The person or firm towing or removing the vehicle or
646 vessel shall, within 30 minutes after completion of such towing
647 or removal, notify the municipal police department or, in an
648 unincorporated area, the sheriff, of such towing or removal, the
649 storage site, the time the vehicle or vessel was towed or
650 removed, and the make, model, color, and license plate number of
651 the vehicle or description and registration number of the vessel
652 and shall obtain the name of the person at that department to
653 whom such information was reported and note that name on the
654 trip record.
655 3. A person in the process of towing or removing a vehicle
656 or vessel from the premises or parking lot in which the vehicle
657 or vessel is not lawfully parked must stop when a person seeks
658 the return of the vehicle or vessel. The vehicle or vessel must
659 be returned upon the payment of a reasonable service fee of not
660 more than one-half of the posted rate for the towing or removal
661 service as provided in subparagraph 6. The vehicle or vessel may
662 be towed or removed if, after a reasonable opportunity, the
663 owner or legally authorized person in control of the vehicle or
664 vessel is unable to pay the service fee. If the vehicle or
665 vessel is redeemed, a detailed signed receipt must be given to
666 the person redeeming the vehicle or vessel.
667 4. A person may not pay or accept money or other valuable
668 consideration for the privilege of towing or removing vehicles
669 or vessels from a particular location.
670 5. Except for property appurtenant to and obviously a part
671 of a single-family residence, and except for instances when
672 notice is personally given to the owner or other legally
673 authorized person in control of the vehicle or vessel that the
674 area in which that vehicle or vessel is parked is reserved or
675 otherwise unavailable for unauthorized vehicles or vessels and
676 that the vehicle or vessel is subject to being removed at the
677 owner’s or operator’s expense, any property owner or lessee, or
678 person authorized by the property owner or lessee, before towing
679 or removing any vehicle or vessel from private property without
680 the consent of the owner or other legally authorized person in
681 control of that vehicle or vessel, must post a notice meeting
682 the following requirements:
683 a. The notice must be prominently placed at each driveway
684 access or curb cut allowing vehicular access to the property
685 within 10 feet from the road, as defined in s. 334.03(22). If
686 there are no curbs or access barriers, the signs must be posted
687 not fewer than one sign for each 25 feet of lot frontage.
688 b. The notice must clearly indicate, in not fewer than 2
689 inch high, light-reflective letters on a contrasting background,
690 that unauthorized vehicles will be towed away at the owner’s
691 expense. The words “tow-away zone” must be included on the sign
692 in not fewer than 4-inch high letters.
693 c. The notice must also provide the name and current
694 telephone number of the person or firm towing or removing the
695 vehicles or vessels.
696 d. The sign structure containing the required notices must
697 be permanently installed with the words “tow-away zone” not
698 fewer than 3 feet and not more than 6 feet above ground level
699 and must be continuously maintained on the property for not
700 fewer than 24 hours before the towing or removal of any vehicles
701 or vessels.
702 e. The local government may require permitting and
703 inspection of these signs before any towing or removal of
704 vehicles or vessels being authorized.
705 f. A business with 20 or fewer parking spaces satisfies the
706 notice requirements of this subparagraph by prominently
707 displaying a sign stating “Reserved Parking for Customers Only
708 Unauthorized Vehicles or Vessels Will be Towed Away At the
709 Owner’s Expense” in not fewer than 4-inch high, light-reflective
710 letters on a contrasting background.
711 g. A property owner towing or removing vessels from real
712 property must post notice, consistent with the requirements in
713 sub-subparagraphs a.-f., which apply to vehicles, that
714 unauthorized vehicles or vessels will be towed away at the
715 owner’s expense.
716
717 A business owner or lessee may authorize the removal of a
718 vehicle or vessel by a towing company when the vehicle or vessel
719 is parked in such a manner that restricts the normal operation
720 of business; and if a vehicle or vessel parked on a public
721 right-of-way obstructs access to a private driveway the owner,
722 lessee, or agent may have the vehicle or vessel removed by a
723 towing company upon signing an order that the vehicle or vessel
724 be removed without a posted tow-away zone sign.
725 6. Any person or firm that tows or removes vehicles or
726 vessels and proposes to require an owner, operator, or person in
727 control or custody of a vehicle or vessel to pay the costs of
728 towing and storage before redemption of the vehicle or vessel
729 must file and keep on record with the local law enforcement
730 agency a complete copy of the current rates to be charged for
731 such services and post at the storage site an identical rate
732 schedule and any written contracts with property owners,
733 lessees, or persons in control of property which authorize such
734 person or firm to remove vehicles or vessels as provided in this
735 section.
736 7. Any person or firm towing or removing any vehicles or
737 vessels from private property without the consent of the owner
738 or other legally authorized person in control or custody of the
739 vehicles or vessels shall, on any trucks, wreckers as defined in
740 s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
741 towing or removal, have the name, address, and telephone number
742 of the company performing such service clearly printed in
743 contrasting colors on the driver and passenger sides of the
744 vehicle. The name shall be in at least 3-inch permanently
745 affixed letters, and the address and telephone number shall be
746 in at least 1-inch permanently affixed letters.
747 8. Vehicle entry for the purpose of removing the vehicle or
748 vessel shall be allowed with reasonable care on the part of the
749 person or firm towing the vehicle or vessel. Such person or firm
750 shall be liable for any damage occasioned to the vehicle or
751 vessel if such entry is not in accordance with the standard of
752 reasonable care.
753 9. When a vehicle or vessel has been towed or removed
754 pursuant to this section, it must be released to its owner or
755 person in control or custody within 1 hour after requested. Any
756 vehicle or vessel owner or person in control or custody has the
757 right to inspect the vehicle or vessel before accepting its
758 return, and no release or waiver of any kind which would release
759 the person or firm towing the vehicle or vessel from liability
760 for damages noted by the owner or person in control or custody
761 at the time of the redemption may be required from any vehicle
762 or vessel owner or person in control or custody as a condition
763 of release of the vehicle or vessel to its owner or person in
764 control or custody. A detailed receipt showing the legal name of
765 the company or person towing or removing the vehicle or vessel
766 must be given to the person paying towing or storage charges at
767 the time of payment, whether requested or not.
768 Section 9. This act shall take effect July 1, 2023.
769
770 ================= T I T L E A M E N D M E N T ================
771 And the title is amended as follows:
772 Delete everything before the enacting clause
773 and insert:
774 An act relating to wrecker and towing-storage
775 operators; amending s. 321.051, F.S.; prohibiting the
776 Division of the Florida Highway Patrol from excluding
777 wrecker operators from the wrecker operator system or
778 from being designated as an authorized wrecker
779 operator based solely on a prior felony conviction;
780 providing an exception; amending s. 713.78, F.S.;
781 defining the term “towing-storage operator”;
782 authorizing a towing-storage operator to charge
783 certain fees; providing that a lien can only be placed
784 on specified fees; requiring a towing-storage operator
785 to accept specified payment methods; removing certain
786 requirements for law enforcement agencies and the
787 Department of Highway Safety and Motor Vehicles;
788 revising the timeframe in which certain unclaimed
789 vehicles or vessels may be sold; specifying that a
790 vehicle is considered a motor vehicle for certain
791 purposes; revising the timeframe in which a notice of
792 lien must be sent for certain unclaimed vehicles or
793 vessels; revising the timeframe in which a towing
794 storage operator must provide certain notice to the
795 public agency of jurisdiction; requiring that such
796 notice be sent by certified mail; requiring the
797 posting of a bond or other security be done in a
798 specified manner; revising the timeframe in which
799 public notice of the sale of a vehicle or vessel must
800 be published; restricting the imposition of storage
801 charges under certain circumstances; revising
802 provisions regarding permission to inspect vehicle or
803 vessel; providing means by which a rental car company
804 may appoint its agent; providing when a vehicle must
805 be made available for inspection; requiring a towing
806 storage operator to maintain certain records for a
807 specified period of time; providing the exclusive
808 remedy for certain liens; conforming cross-references;
809 making technical changes; amending s. 559.917, F.S.;
810 providing procedures and requirements for acquiring a
811 bond to release certain liens; providing definitions;
812 amending ss. 83.19, 83.805, 677.210, and 715.07 F.S.;
813 conforming provisions to changes made by the act;
814 amending s. 715.07, F.S.; conforming a cross
815 reference; providing an effective date.