Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 760
       
       
       
       
       
       
                                Ì755180!Î755180                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/24/2023           .                                
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       The Committee on Rules (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 conviction
   13  is for a forcible felony as defined in s. 776.08 or a felony
   14  listed under s. 812.014(2)(c)6. or s. 812.16(2).
   15         Section 2. Subsections (1), (2), and (4), paragraph (a) of
   16  subsection (5), subsections (6), (9), and (10), paragraph (a) of
   17  subsection (11), paragraph (a) of subsection (12), and
   18  paragraphs (a), (b), and (d) of subsection (13) of section
   19  713.78, Florida Statutes, are amended, and subsections (18),
   20  (19), and (20) are added to that section, to read:
   21         713.78 Liens for recovering, towing, or storing vehicles
   22  and vessels.—
   23         (1) For the purposes of this section, the term:
   24         (d)(a) “Vehicle” means any mobile item, whether motorized
   25  or not, which is mounted on wheels.
   26         (e)(b) “Vessel” means every description of watercraft,
   27  barge, and airboat used or capable of being used as a means of
   28  transportation on water, other than a seaplane or a “documented
   29  vessel” as defined in s. 327.02.
   30         (c)“Towing-storage operator” means a person who regularly
   31  engages in the business of transporting vehicles or vessels by
   32  wrecker, tow truck, or car carrier.
   33         (f)(c) “Wrecker” means any truck or other vehicle that
   34  which is used to tow, carry, or otherwise transport motor
   35  vehicles or vessels upon the streets and highways of this state
   36  and which is equipped for that purpose with a boom, winch, car
   37  carrier, or other similar equipment.
   38         (b)(d) “National Motor Vehicle Title Information System”
   39  means the federally authorized electronic National Motor Vehicle
   40  Title Information System.
   41         (a)(e) “Equivalent commercially available system” means a
   42  service that charges a fee to provide vehicle information and
   43  that at a minimum maintains records from those states
   44  participating in data sharing with the National Motor Vehicle
   45  Title Information System.
   46         (2)(a)Whenever A towing-storage operator may charge only
   47  the following fees for, or incidental to, the recovery, removal,
   48  or storage of a vehicle or vessel:
   49         1.Any reasonable fee for service specifically authorized
   50  by ordinance, resolution, regulation, or rule of the county or
   51  municipality in which the service is performed.
   52         2.Any reasonable fee for service specifically authorized
   53  by contract or agreement between a towing-storage operator and a
   54  county, municipality, or other governmental agency.
   55         3.Any reasonable fee for service specifically authorized
   56  by rule of the Department of Highway Safety and Motor Vehicles.
   57         4.Any reasonable fee for service as agreed upon in writing
   58  between a towing-storage operator and the owner of a vehicle or
   59  vessel.
   60         5.Any lien release administrative fee as set forth in
   61  paragraph (15)(a).
   62         6.Any reasonable administrative fee or charge imposed by a
   63  county or municipality pursuant to s. 125.01047, s. 166.04465,
   64  or s. 323.002 upon the registered owner or other legally
   65  authorized person in control of a vehicle or vessel.
   66         (b)If a towing-storage operator person regularly engaged
   67  in the business of transporting vehicles or vessels by wrecker,
   68  tow truck, or car carrier recovers, removes, or stores a vehicle
   69  or vessel upon instructions from:
   70         1.(a) The owner thereof;
   71         2.(b) The owner or lessor, or a person authorized by the
   72  owner or lessor, of property on which such vehicle or vessel is
   73  wrongfully parked, and the removal is done in compliance with s.
   74  715.07;
   75         3.(c) The landlord or a person authorized by the landlord,
   76  when such motor vehicle or vessel remained on the premises after
   77  the tenancy terminated and the removal is done in compliance
   78  with s. 83.806 or s. 715.104; or
   79         4.(d) Any law enforcement agency, county, or municipality,
   80  
   81  she or he shall have a lien on the vehicle or vessel for a
   82  reasonable towing fee, for a reasonable administrative fee or
   83  charge imposed by a county or municipality, and for a reasonable
   84  storage fee; except that a storage fee may not be charged if the
   85  vehicle or vessel is stored for fewer than 6 hours.
   86         (4)(a) A towing-storage operator person regularly engaged
   87  in the business of recovering, towing, or storing vehicles or
   88  vessels who comes into possession of a vehicle or vessel
   89  pursuant to paragraph (2)(b) subsection (2), and who claims a
   90  lien for recovery, towing, or storage services, must shall give
   91  notice, by certified mail, pursuant to subsection (16), to the
   92  registered owner, the insurance company insuring the vehicle
   93  notwithstanding s. 627.736, and all persons claiming a lien
   94  thereon, as disclosed by the records in the Department of
   95  Highway Safety and Motor Vehicles or as disclosed by the records
   96  of any corresponding agency in any other state in which the
   97  vehicle is identified through a records check of the National
   98  Motor Vehicle Title Information System or an equivalent
   99  commercially available system as being titled or registered.
  100         (b) Whenever a law enforcement agency authorizes the
  101  removal of a vehicle or vessel or whenever a towing service,
  102  garage, repair shop, or automotive service, storage, or parking
  103  place notifies the law enforcement agency of possession of a
  104  vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved
  105  third-party service cannot obtain the vehicle’s or vessel’s
  106  owner, lienholder, and insurer information or last state of
  107  record pursuant to subsection (16), the law enforcement agency
  108  of the jurisdiction where the vehicle or vessel is stored shall
  109  contact the Department of Highway Safety and Motor Vehicles, or
  110  the appropriate agency of the state of registration, if known,
  111  within 24 hours through the medium of electronic communications,
  112  giving the full description of the vehicle or vessel. Upon
  113  receipt of the full description of the vehicle or vessel, the
  114  department shall search its files to determine the owner’s name,
  115  the insurance company insuring the vehicle or vessel, and
  116  whether any person has filed a lien upon the vehicle or vessel
  117  as provided in s. 319.27(2) and (3) and notify the applicable
  118  law enforcement agency within 72 hours. The person in charge of
  119  the towing service, garage, repair shop, or automotive service,
  120  storage, or parking place shall request obtain such information
  121  from the applicable law enforcement agency within 5 days after
  122  the date of storage and shall give notice pursuant to paragraph
  123  (a). The department may release the insurance company
  124  information to the requestor notwithstanding s. 627.736.
  125         (c) The notice of lien must be sent by certified mail to
  126  the registered owner, the insurance company insuring the vehicle
  127  notwithstanding s. 627.736, and all other persons claiming a
  128  lien thereon within 4 7 business days, excluding a Saturday, and
  129  Sunday, or federal legal holiday, after the date of storage of
  130  the vehicle or vessel. However, in no event shall the notice of
  131  lien be sent less than 30 days before the sale of the vehicle or
  132  vessel. The notice must state:
  133         1. If the claim of lien is for a vehicle, the last 8 digits
  134  of the vehicle identification number of the vehicle subject to
  135  the lien, or, if the claim of lien is for a vessel, the hull
  136  identification number of the vessel subject to the lien, clearly
  137  printed in the delivery address box and on the outside of the
  138  envelope sent to the registered owner and all other persons
  139  claiming an interest in therein or lien on the vehicle or vessel
  140  thereon.
  141         2. The name, physical address, and telephone number of the
  142  lienor, and the entity name, as registered with the Division of
  143  Corporations, of the business where the towing and storage
  144  occurred, which must also appear on the outside of the envelope
  145  sent to the registered owner and all other persons claiming an
  146  interest in or lien on the vehicle or vessel.
  147         3. The fact of possession of the vehicle or vessel.
  148         4. The name of the person or entity that authorized the
  149  lienor to take possession of the vehicle or vessel.
  150         5. That a lien as provided in paragraph (2)(b) subsection
  151  (2) is claimed.
  152         6. That charges have accrued and include an itemized
  153  statement of the amount thereof.
  154         7. That the lien is subject to enforcement under law and
  155  that the owner or lienholder, if any, has the right to a hearing
  156  as set forth in subsection (5).
  157         8. That any vehicle or vessel that remains unclaimed, or
  158  for which the charges for recovery, towing, or storage services
  159  remain unpaid, may be sold free of all prior liens 35 days after
  160  the vehicle or vessel is stored by the lienor if the vehicle or
  161  vessel is more than 3 years of age or 65 50 days after the
  162  vehicle or vessel is stored by the lienor if the vehicle or
  163  vessel is 3 years of age or less.
  164         9. The address at which the vehicle or vessel is physically
  165  located.
  166         (d) The notice of lien may not be sent to the registered
  167  owner, the insurance company insuring the vehicle or vessel, and
  168  all other persons claiming a lien thereon less than 30 days
  169  before the sale of a the vehicle or vessel that is more than 3
  170  years of age or less than 60 days before the sale of a vehicle
  171  or vessel that is 3 years of age or less.
  172         (e) If attempts to locate the name and address of the owner
  173  or lienholder prove unsuccessful, the towing-storage operator
  174  shall, after 4 7 business days, excluding a Saturday, and
  175  Sunday, or federal legal holiday, after the initial tow or
  176  storage, notify the public agency of jurisdiction where the
  177  vehicle or vessel is stored in writing by certified mail or
  178  electronic delivery acknowledged hand delivery that the towing
  179  storage company has been unable to locate the name and address
  180  of the owner or lienholder and a physical search of the vehicle
  181  or vessel has disclosed no ownership information and a good
  182  faith effort has been made, including records checks of the
  183  Department of Highway Safety and Motor Vehicles database and the
  184  National Motor Vehicle Title Information System or an equivalent
  185  commercially available system. For purposes of this paragraph
  186  and subsection (9), the term “good faith effort” means that the
  187  following checks have been performed by the company to establish
  188  the prior state of registration and for title:
  189         1. A check of the department’s database for the owner and
  190  any lienholder.
  191         2. A check of the electronic National Motor Vehicle Title
  192  Information System or an equivalent commercially available
  193  system to determine the state of registration when there is not
  194  a current registration record for the vehicle or vessel on file
  195  with the department.
  196         3. A check of the vehicle or vessel for any type of tag,
  197  tag record, temporary tag, or regular tag.
  198         4. A check of the law enforcement report for a tag number
  199  or other information identifying the vehicle or vessel, if the
  200  vehicle or vessel was towed at the request of a law enforcement
  201  officer.
  202         5. A check of the trip sheet or tow ticket of the tow truck
  203  operator to determine whether a tag was on the vehicle or vessel
  204  at the beginning of the tow, if a private tow.
  205         6. If there is no address of the owner on the impound
  206  report, a check of the law enforcement report to determine
  207  whether an out-of-state address is indicated from driver license
  208  information.
  209         7. A check of the vehicle or vessel for an inspection
  210  sticker or other stickers and decals that may indicate a state
  211  of possible registration.
  212         8. A check of the interior of the vehicle or vessel for any
  213  papers that may be in the glove box, trunk, or other areas for a
  214  state of registration.
  215         9. A check of the vehicle for a vehicle identification
  216  number.
  217         10. A check of the vessel for a vessel registration number.
  218         11. A check of the vessel hull for a hull identification
  219  number which should be carved, burned, stamped, embossed, or
  220  otherwise permanently affixed to the outboard side of the
  221  transom or, if there is no transom, to the outmost seaboard side
  222  at the end of the hull that bears the rudder or other steering
  223  mechanism.
  224         (5)(a) The owner of a vehicle or vessel removed pursuant to
  225  paragraph (2)(b) subsection (2), or any person claiming a lien,
  226  other than the towing-storage operator, within 10 days after the
  227  time she or he has knowledge of the location of the vehicle or
  228  vessel, may file a complaint in the county court of the county
  229  in which the vehicle or vessel is stored to determine whether
  230  her or his property was wrongfully taken or withheld.
  231         (6) A vehicle or vessel that is stored pursuant to
  232  paragraph (2)(b) subsection (2) and remains unclaimed, or for
  233  which reasonable charges for recovery, towing, or storing remain
  234  unpaid, and any contents not released pursuant to subsection
  235  (10), may be sold by the owner or operator of the storage space
  236  for such towing or storage charge 35 days after the vehicle or
  237  vessel is stored by the lienor if the vehicle or vessel is more
  238  than 3 years of age or 65 50 days after the vehicle or vessel is
  239  stored by the lienor if the vehicle or vessel is 3 years of age
  240  or less. The sale must shall be at public sale for cash. If the
  241  date of the sale was not included in the notice required in
  242  subsection (4), notice of the sale must shall be given to the
  243  person in whose name the vehicle or vessel is registered and to
  244  all persons claiming a lien on the vehicle or vessel as shown on
  245  the records of the Department of Highway Safety and Motor
  246  Vehicles or of any corresponding agency in any other state in
  247  which the vehicle is identified through a records check of the
  248  National Motor Vehicle Title Information System or an equivalent
  249  commercially available system as being titled. Notice of the
  250  sale must be sent by certified mail to the registered owner of
  251  the vehicle or vessel, the insurance company insuring the
  252  vehicle or vessel, and the person having the recorded lien on
  253  the vehicle or vessel at the address shown on the records of the
  254  registering agency at least 30 days before the sale of the
  255  vehicle or vessel. The notice must have clearly identified and
  256  printed, if the claim of lien is for a motor vehicle, The last 8
  257  digits of the vehicle identification number of the motor vehicle
  258  subject to the lien, or, if the claim of lien is for a vessel,
  259  the hull identification number of the vessel subject to the
  260  lien, must be clearly identified and printed in the delivery
  261  address box and on the outside of the envelope sent to the
  262  registered owner and all other persons claiming an interest in
  263  therein or lien on the vehicle or vessel thereon. The notice
  264  must be sent to the owner of the vehicle or vessel and the
  265  person having the recorded lien on the vehicle or vessel at the
  266  address shown on the records of the registering agency at least
  267  30 days before the sale of the vehicle or vessel. The notice
  268  must state the name, physical address, and telephone number of
  269  the lienor, and the vehicle identification number if the claim
  270  of lien is for a vehicle or the hull identification number if
  271  the claim of lien is for a vessel, all of which must also appear
  272  in the return address section on the outside of the envelope
  273  containing the notice of sale. After diligent search and
  274  inquiry, if the name and address of the registered owner or the
  275  owner of the recorded lien cannot be ascertained, the
  276  requirements of notice by mail may be dispensed with. In
  277  addition to the notice by mail, public notice of the time and
  278  place of sale must shall be made by publishing a notice thereof
  279  one time, at least 20 10 days before the date of the sale, in a
  280  newspaper of general circulation in the county in which the sale
  281  is to be held. The proceeds of the sale, after payment of
  282  reasonable towing and storage charges, and costs of the sale, in
  283  that order of priority, must shall be deposited with the clerk
  284  of the circuit court for the county if the owner or lienholder
  285  is absent, and the clerk shall hold such proceeds subject to the
  286  claim of the owner or lienholder legally entitled thereto. The
  287  clerk is shall be entitled to receive 5 percent of such proceeds
  288  for the care and disbursement thereof. The certificate of title
  289  issued under this section this law shall be discharged of all
  290  liens unless otherwise provided by court order. The owner or
  291  lienholder may file a complaint after the vehicle or vessel has
  292  been sold in the county court of the county in which it is
  293  stored. Upon determining the respective rights of the parties,
  294  the court may award damages, attorney fees, and costs in favor
  295  of the prevailing party.
  296         (9) Failure to make good faith efforts to substantially
  297  comply with the notice requirements of this section or precludes
  298  the imposition of any storage charges against the vehicle or
  299  vessel. If a lienor fails to provide notice to a person claiming
  300  a lien on a vehicle or vessel in accordance with subsection (4)
  301  precludes the imposition of storage charges against the vehicle
  302  or vessel, the lienor may not charge the person for more than 4
  303  7 days of storage, but such failure does not affect charges made
  304  for towing the vehicle or vessel or the priority of liens on the
  305  vehicle or vessel.
  306         (10) A towing-storage operator Persons who provide services
  307  pursuant to this section shall permit vehicle or vessel owners,
  308  including rental vehicle or vessel owners, lienholders,
  309  insurance company representatives, or their agents, which agency
  310  is evidenced by an original writing acknowledged by the owner
  311  before a notary public or other person empowered by law to
  312  administer oaths, to inspect the towed vehicle or vessel and
  313  shall release to the owner, lienholder, or agent the vehicle,
  314  vessel, or all personal property not affixed to the vehicle or
  315  vessel which was in the vehicle or vessel at the time the
  316  vehicle or vessel came into the custody of the towing-storage
  317  operator. A towing-storage operator must allow vehicle or vessel
  318  owners, rental vehicle or vessel owners, lienholders, insurance
  319  company representatives, or their agents to inspect the towed
  320  vehicle or vessel during normal business hours within 30 minutes
  321  after their arrival at the storage site where the vehicle or
  322  vessel is stored. A photocopy of an agency agreement is
  323  sufficient evidence of agency. A rental vehicle or vessel
  324  agreement is not evidence that the person who rented a vehicle
  325  or vessel is an agent of the rental vehicle or vessel owner.
  326  Towing-storage operators must accept a photocopy of a contract,
  327  an electronic title, or a paper title as evidence of a person’s
  328  interest in a vehicle or vessel person providing such services.
  329         (11)(a) A towing-storage operator Any person regularly
  330  engaged in the business of recovering, towing, or storing
  331  vehicles or vessels who comes into possession of a vehicle or
  332  vessel pursuant to paragraph (2)(b) subsection (2) and who has
  333  complied with the provisions of subsections (4) (3) and (6),
  334  when such vehicle or vessel is to be sold for purposes of being
  335  dismantled, destroyed, or changed in such manner that it is not
  336  the motor vehicle or vessel described in the certificate of
  337  title, must shall report the vehicle to the National Motor
  338  Vehicle Title Information System and apply to the Department of
  339  Highway Safety and Motor Vehicles for a certificate of
  340  destruction. A certificate of destruction, which authorizes the
  341  dismantling or destruction of the vehicle or vessel described
  342  therein, is shall be reassignable a maximum of two times before
  343  dismantling or destruction of the vehicle is shall be required,
  344  and must shall accompany the vehicle or vessel for which it is
  345  issued, when such vehicle or vessel is sold for such purposes,
  346  in lieu of a certificate of title. The application for a
  347  certificate of destruction must include proof of reporting to
  348  the National Motor Vehicle Title Information System and an
  349  affidavit from the applicant that she or he it has complied with
  350  all applicable requirements of this section and, if the vehicle
  351  or vessel is not registered in this state or any other state, by
  352  a statement from a law enforcement officer that the vehicle or
  353  vessel is not reported stolen, and must shall be accompanied by
  354  such documentation as may be required by the department.
  355         (12)(a) Any person who violates paragraph (2)(b) any
  356  provision of subsection (1), subsection (2), subsection (4),
  357  subsection (5), subsection (6), or subsection (7) is guilty of a
  358  misdemeanor of the first degree, punishable as provided in s.
  359  775.082 or s. 775.083.
  360         (13)(a) Upon receipt by the Department of Highway Safety
  361  and Motor Vehicles of written notice from a wrecker operator who
  362  claims a wrecker operator’s lien under subparagraph (2)(b)4.
  363  paragraph (2)(d) for recovery, towing, or storage of an
  364  abandoned vehicle or vessel upon instructions from any law
  365  enforcement agency, for which a certificate of destruction has
  366  been issued under subsection (11) and the vehicle has been
  367  reported to the National Motor Vehicle Title Information System,
  368  the department shall place the name of the registered owner of
  369  that vehicle or vessel on the list of those persons who may not
  370  be issued a license plate or revalidation sticker for any motor
  371  vehicle under s. 320.03(8). If the vehicle or vessel is owned
  372  jointly by more than one person, the name of each registered
  373  owner must shall be placed on the list. The notice of wrecker
  374  operator’s lien must shall be submitted on forms provided by the
  375  department and, which must include:
  376         1. The name, address, and telephone number of the wrecker
  377  operator.
  378         2. The name of the registered owner of the vehicle or
  379  vessel and the address to which the wrecker operator provided
  380  notice of the lien to the registered owner under subsection (4).
  381         3. A general description of the vehicle or vessel,
  382  including its color, make, model, body style, and year.
  383         4. The vehicle identification number (VIN); registration
  384  license plate number, state, and year; validation decal number,
  385  state, and year; vessel registration number; hull identification
  386  number; or other identification number, as applicable.
  387         5. The name of the person or the corresponding law
  388  enforcement agency that requested that the vehicle or vessel be
  389  recovered, towed, or stored.
  390         6. The amount of the wrecker operator’s lien, not to exceed
  391  the amount allowed by paragraph (b).
  392         (b) For purposes of this subsection only, the amount of the
  393  wrecker operator’s lien for which the department will prevent
  394  issuance of a license plate or revalidation sticker may not
  395  exceed the amount of the charges for recovery, towing, and
  396  storage of the vehicle or vessel for 7 days. These charges may
  397  not exceed the maximum rates imposed by the ordinances of the
  398  respective county or municipality under ss. 125.0103(1)(c) and
  399  166.043(1)(c). This paragraph does not limit the amount of a
  400  wrecker operator’s lien claimed under paragraph (2)(b)
  401  subsection (2) or prevent a wrecker operator from seeking civil
  402  remedies for enforcement of the entire amount of the lien, but
  403  limits only that portion of the lien for which the department
  404  will prevent issuance of a license plate or revalidation
  405  sticker.
  406         (d) Upon discharge of the amount of the wrecker operator’s
  407  lien allowed by paragraph (b), the wrecker operator must issue a
  408  certificate of discharged wrecker operator’s lien on forms
  409  provided by the department to each registered owner of the
  410  vehicle or vessel attesting that the amount of the wrecker
  411  operator’s lien allowed by paragraph (b) has been discharged.
  412  Upon presentation of the certificate of discharged wrecker
  413  operator’s lien by the registered owner, the department must
  414  shall immediately remove the registered owner’s name from the
  415  list of those persons who may not be issued a license plate or
  416  revalidation sticker for any motor vehicle under s. 320.03(8),
  417  thereby allowing issuance of a license plate or revalidation
  418  sticker. Issuance of a certificate of discharged wrecker
  419  operator’s lien under this paragraph does not discharge the
  420  entire amount of the wrecker operator’s lien claimed under
  421  paragraph (2)(b) subsection (2), but only certifies to the
  422  department that the amount of the wrecker operator’s lien
  423  allowed by paragraph (b), for which the department will prevent
  424  issuance of a license plate or revalidation sticker, has been
  425  discharged.
  426         (18)For at least 3 years, a towing-storage operator must
  427  retain records produced for all vehicles or vessels recovered,
  428  towed, stored, or released, which records, at a minimum, include
  429  all of the following:
  430         (a)All notice publications and certified mailings.
  431         (b)The purchase price of any unclaimed vehicle or vessel
  432  sold.
  433         (c)The names and addresses of persons to which vehicles or
  434  vessels were released.
  435         (d)The names and addresses of vehicle or vessel
  436  purchasers.
  437         (e)All fees imposed under this section.
  438         (19)This section is the exclusive remedy for the placement
  439  or foreclosure of a storage lien placed on a vehicle or vessel
  440  pursuant to ss. 83.19 and 677.210.
  441         (20)(a)A towing-storage operator must accept payment for
  442  accrued charges from an authorized person listed in subsection
  443  (10) in any form from a minimum of two of the following
  444  subparagraphs:
  445         1.Cash, cashier’s check, money order, or traveler’s check.
  446         2.Bank, debit, or credit card.
  447         3.Mobile payment service, digital wallet, or other
  448  electronic payment system.
  449         (b)Any of the authorized persons listed in subsection (10)
  450  are not required to furnish more than one form of current
  451  government photo identification when payment is made in any of
  452  the forms listed in paragraph (a). Presenting one form of
  453  current government photo identification constitutes sufficient
  454  identity verification for the purposes of this subsection.
  455         Section 3. Subsection (5) is added to section 83.19,
  456  Florida Statutes, to read:
  457         83.19 Sale of property distrained.—
  458         (5)A lien on a vehicle or vessel, as those terms are
  459  defined in s. 713.78(1), of a tenant or lessee must be
  460  foreclosed pursuant to s. 713.78 and may not be foreclosed under
  461  this chapter.
  462         Section 4. Subsection (1), paragraphs (a) and (b) of
  463  subsection (4), and subsection (10) of section 83.806, Florida
  464  Statutes, are amended to read:
  465         83.806 Enforcement of lien.—An owner’s lien as provided in
  466  s. 83.805 may be satisfied as follows:
  467         (1) The tenant shall be notified by written notice
  468  delivered in person, by e-mail, or by first-class mail with a
  469  certificate of mailing to the tenant’s last known address and
  470  the last known address of the alternate contact person
  471  designated by the tenant under the rental agreement, if any, and
  472  conspicuously posted at the self-service storage facility or on
  473  the self-contained storage unit. If the owner sends notice of a
  474  pending sale of property to the tenant’s and alternate contact
  475  person’s last known e-mail address and does not receive a
  476  response, return receipt, or delivery confirmation from the same
  477  e-mail address, the owner must send notice of the sale to the
  478  tenant and alternate contact person by first-class mail with a
  479  certificate of mailing to the tenant’s and alternate contact
  480  person’s last known address before proceeding with the sale.
  481         (4) After the expiration of the time given in the notice,
  482  an advertisement of the sale or other disposition shall be
  483  published once a week for 2 consecutive weeks in a newspaper of
  484  general circulation in the area where the self-service storage
  485  facility or self-contained storage unit is located.
  486         (a) A lien sale may be conducted on a public website that
  487  customarily conducts personal property auctions. The facility or
  488  unit owner is not required to hold a license to post property
  489  for online sale. Inasmuch As any sale may involve property of
  490  more than one tenant, a single advertisement may be used to
  491  dispose of property at any one sale.
  492         (b) The advertisement shall include:
  493         1. A brief and general description of what is believed to
  494  constitute the personal property contained in the storage unit,
  495  as provided in paragraph (2)(b).
  496         2. The address of the self-service storage facility or the
  497  address where the self-contained storage unit is located and the
  498  name of the tenant.
  499         3. The time, place, and manner of the sale or other
  500  disposition. The sale or other disposition shall take place at
  501  least 10 15 days after the first publication.
  502         (10)(a) If a lien is claimed on property that is a motor
  503  vehicle or vessel a watercraft and rent and other charges
  504  related to the property remain unpaid or unsatisfied for 60 days
  505  after the maturity of the obligation to pay the rent and other
  506  charges, the facility or unit owner may sell the property
  507  pursuant to this section or have the property towed.
  508         (b)If a facility or unit owner intends to sell the vehicle
  509  or vessel, the facility or unit owner must conduct a check of
  510  records with the Department of Highway Safety and Motor
  511  Vehicles. In the event that no current registration is found in
  512  the search, the facility or unit owner must conduct a search
  513  through the National Motor Vehicle Title Information System or
  514  an equivalent commercially available system. If a person
  515  claiming a lien is not identified in either search, the property
  516  may be sold by the facility or unit owner pursuant to this
  517  section. The facility or unit owner must send a notice of lien
  518  by certified mail to all persons claiming a lien at least 30
  519  days before the date of the sale. The notice must state all of
  520  the following:
  521         1. The make, model and last 8 digits of the vehicle
  522  identification number of the vehicle subject to the lien, or, if
  523  the claim of lien is for a vessel, the hull identification
  524  number of the vessel subject to the lien. Such information must
  525  be clearly printed in the delivery address box and on the
  526  outside of the envelope sent to the registered owner and all
  527  other persons claiming an interest therein or a lien thereon.
  528         2. The name, physical address, and telephone number of the
  529  facility or unit owner, and the entity name, as registered with
  530  the Division of Corporations, of the business where the vehicle
  531  or vessel is stored, which must also appear on the outside of
  532  the envelope sent to all persons claiming a lien on the vehicle
  533  or vessel.
  534         3. The fact of possession of the vehicle or vessel.
  535         4. The name of the person or entity listed as tenant in the
  536  rental agreement.
  537         5. That a lien is claimed.
  538         6.That charges have accrued and give an itemized statement
  539  of the amount thereof.
  540         7. That any vehicle or vessel that remains unclaimed may be
  541  sold free of all prior liens 30 days after notification is sent.
  542         8. The address at which the vehicle or vessel is physically
  543  located.
  544         (c)At any time before the proposed or scheduled date of
  545  sale of a vehicle or vessel, a person claiming an interest
  546  therein or lien thereon may request to inspect the vehicle or
  547  vessel. The facility or unit owner must make the vehicle or
  548  vessel available for inspection during regular business hours
  549  within 3 business days after receiving a written request to
  550  inspect the vehicle or vessel.
  551         (d)At any time before the sale of the vehicle or vessel, a
  552  person of record claiming a lien against the vehicle or vessel
  553  may have her or his vehicle or vessel released upon posting with
  554  the clerk of the court in the county in which the vehicle or
  555  vessel is held a cash or surety bond or other adequate security
  556  equal to the amount of the storage charges and administrative
  557  fees required to ensure the payment of such charges in the event
  558  she or he does not prevail. A particular form for posting the
  559  bond is not required unless the clerk provides such form to the
  560  customer or person for filing. Upon the posting of the bond and
  561  the payment of the applicable fee set forth in s. 28.24, the
  562  clerk of the court shall automatically issue a certificate
  563  notifying the owner of the storage facility of the posting of
  564  the bond and directing the owner to release the vehicle or
  565  vessel to the person of record claiming a lien against the
  566  vehicle or vessel. The certificate must be presented during
  567  regular business hours. The owner of the storage facility, or an
  568  employee or agent thereof who is authorized to release the
  569  vehicle or vessel and who, upon receiving a copy of a
  570  certificate giving notice of the posting of the bond in the
  571  required amount and directing release of the vehicle or vessel,
  572  fails to release or return the property to the person of record
  573  claiming a lien pursuant to this section commits a misdemeanor
  574  of the second degree, punishable as provided in s. 775.082 or s.
  575  775.083.
  576         (e)The person of record claiming a lien against a motor
  577  vehicle or vessel has 30 days from the issuance of the
  578  certificate by the clerk to file a lawsuit to determine the
  579  validity of the storage charges. Upon determining the respective
  580  rights of the parties under this section, the court may award
  581  damages, attorney fees, and costs in favor of the prevailing
  582  party. Upon failure of the party posting the bond to timely file
  583  suit and a request by the owner of the storage facility, the
  584  clerk shall release the cash or surety bond to the owner of the
  585  storage facility.
  586         (f)Failure to make good faith efforts to comply with the
  587  notice requirements of this section precludes the imposition of
  588  any storage charges against the vehicle or vessel.
  589         (g)A copy of the notice of sale, proof of notice mailed to
  590  any person claiming a lien as required herein, and proof of the
  591  required check of the records of the Department of Highway
  592  Safety and Motor Vehicles and the National Motor Vehicle Title
  593  Information System or an equivalent commercially available
  594  system, if applicable, shall constitute satisfactory proof for
  595  application to the Department of Highway Safety and Motor
  596  Vehicles for transfer of title, together with any other proof
  597  required by any rules and regulations of the department.
  598         (h) If a motor vehicle or vessel watercraft is towed, the
  599  facility or unit owner is not liable for the motor vehicle or
  600  vessel watercraft or any damages to the motor vehicle or vessel
  601  watercraft once a wrecker takes possession of the property. The
  602  wrecker taking possession of the property must comply with all
  603  notification and sale requirements provided in s. 713.78.
  604         Section 5. Subsection (4) is added to section 83.808,
  605  Florida Statutes, to read:
  606         83.808 Contracts.—
  607         (4) A rental agreement must contain a provision that
  608  authorizes the tenant to designate an optional alternate contact
  609  person. The alternate contact person may be contacted only for
  610  purposes of providing notice under s. 83.806(1) or as otherwise
  611  authorized by the rental agreement. Designating an alternate
  612  contact person does not give such person an interest in the
  613  contents stored at the self-service storage facility or in the
  614  self-contained storage unit.
  615         Section 6. Subsection (10) is added to section 677.210,
  616  Florida Statutes, to read:
  617         677.210 Enforcement of warehouse’s lien.—
  618         (10)A lien on a vehicle or vessel, as those terms are
  619  defined in s. 713.78(1), must be foreclosed pursuant to s.
  620  713.78 and may not be foreclosed under this chapter.
  621         Section 7. Paragraph (a) of subsection (2) of section
  622  715.07, Florida Statutes, is amended to read:
  623         715.07 Vehicles or vessels parked on private property;
  624  towing.—
  625         (2) The owner or lessee of real property, or any person
  626  authorized by the owner or lessee, which person may be the
  627  designated representative of the condominium association if the
  628  real property is a condominium, may cause any vehicle or vessel
  629  parked on such property without her or his permission to be
  630  removed by a person regularly engaged in the business of towing
  631  vehicles or vessels, without liability for the costs of removal,
  632  transportation, or storage or damages caused by such removal,
  633  transportation, or storage, under any of the following
  634  circumstances:
  635         (a) The towing or removal of any vehicle or vessel from
  636  private property without the consent of the registered owner or
  637  other legally authorized person in control of that vehicle or
  638  vessel is subject to substantial compliance with the following
  639  conditions and restrictions:
  640         1.a. Any towed or removed vehicle or vessel must be stored
  641  at a site within a 10-mile radius of the point of removal in any
  642  county of 500,000 population or more, and within a 15-mile
  643  radius of the point of removal in any county of fewer than
  644  500,000 population. That site must be open for the purpose of
  645  redemption of vehicles on any day that the person or firm towing
  646  such vehicle or vessel is open for towing purposes, from 8:00
  647  a.m. to 6:00 p.m., and, when closed, shall have prominently
  648  posted a sign indicating a telephone number where the operator
  649  of the site can be reached at all times. Upon receipt of a
  650  telephoned request to open the site to redeem a vehicle or
  651  vessel, the operator shall return to the site within 1 hour or
  652  she or he will be in violation of this section.
  653         b. If no towing business providing such service is located
  654  within the area of towing limitations set forth in sub
  655  subparagraph a., the following limitations apply: any towed or
  656  removed vehicle or vessel must be stored at a site within a 20
  657  mile radius of the point of removal in any county of 500,000
  658  population or more, and within a 30-mile radius of the point of
  659  removal in any county of fewer than 500,000 population.
  660         2. The person or firm towing or removing the vehicle or
  661  vessel shall, within 30 minutes after completion of such towing
  662  or removal, notify the municipal police department or, in an
  663  unincorporated area, the sheriff, of such towing or removal, the
  664  storage site, the time the vehicle or vessel was towed or
  665  removed, and the make, model, color, and license plate number of
  666  the vehicle or description and registration number of the vessel
  667  and shall obtain the name of the person at that department to
  668  whom such information was reported and note that name on the
  669  trip record.
  670         3. A person in the process of towing or removing a vehicle
  671  or vessel from the premises or parking lot in which the vehicle
  672  or vessel is not lawfully parked must stop when a person seeks
  673  the return of the vehicle or vessel. The vehicle or vessel must
  674  be returned upon the payment of a reasonable service fee of not
  675  more than one-half of the posted rate for the towing or removal
  676  service as provided in subparagraph 6. The vehicle or vessel may
  677  be towed or removed if, after a reasonable opportunity, the
  678  owner or legally authorized person in control of the vehicle or
  679  vessel is unable to pay the service fee. If the vehicle or
  680  vessel is redeemed, a detailed signed receipt must be given to
  681  the person redeeming the vehicle or vessel.
  682         4. A person may not pay or accept money or other valuable
  683  consideration for the privilege of towing or removing vehicles
  684  or vessels from a particular location.
  685         5. Except for property appurtenant to and obviously a part
  686  of a single-family residence, and except for instances when
  687  notice is personally given to the owner or other legally
  688  authorized person in control of the vehicle or vessel that the
  689  area in which that vehicle or vessel is parked is reserved or
  690  otherwise unavailable for unauthorized vehicles or vessels and
  691  that the vehicle or vessel is subject to being removed at the
  692  owner’s or operator’s expense, any property owner or lessee, or
  693  person authorized by the property owner or lessee, before towing
  694  or removing any vehicle or vessel from private property without
  695  the consent of the owner or other legally authorized person in
  696  control of that vehicle or vessel, must post a notice meeting
  697  the following requirements:
  698         a. The notice must be prominently placed at each driveway
  699  access or curb cut allowing vehicular access to the property
  700  within 10 feet from the road, as defined in s. 334.03(22). If
  701  there are no curbs or access barriers, the signs must be posted
  702  not fewer than one sign for each 25 feet of lot frontage.
  703         b. The notice must clearly indicate, in not fewer than 2
  704  inch high, light-reflective letters on a contrasting background,
  705  that unauthorized vehicles will be towed away at the owner’s
  706  expense. The words “tow-away zone” must be included on the sign
  707  in not fewer than 4-inch high letters.
  708         c. The notice must also provide the name and current
  709  telephone number of the person or firm towing or removing the
  710  vehicles or vessels.
  711         d. The sign structure containing the required notices must
  712  be permanently installed with the words “tow-away zone” not
  713  fewer than 3 feet and not more than 6 feet above ground level
  714  and must be continuously maintained on the property for not
  715  fewer than 24 hours before the towing or removal of any vehicles
  716  or vessels.
  717         e. The local government may require permitting and
  718  inspection of these signs before any towing or removal of
  719  vehicles or vessels being authorized.
  720         f. A business with 20 or fewer parking spaces satisfies the
  721  notice requirements of this subparagraph by prominently
  722  displaying a sign stating “Reserved Parking for Customers Only
  723  Unauthorized Vehicles or Vessels Will be Towed Away At the
  724  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  725  letters on a contrasting background.
  726         g. A property owner towing or removing vessels from real
  727  property must post notice, consistent with the requirements in
  728  sub-subparagraphs a.-f., which apply to vehicles, that
  729  unauthorized vehicles or vessels will be towed away at the
  730  owner’s expense.
  731  
  732  A business owner or lessee may authorize the removal of a
  733  vehicle or vessel by a towing company when the vehicle or vessel
  734  is parked in such a manner that restricts the normal operation
  735  of business; and if a vehicle or vessel parked on a public
  736  right-of-way obstructs access to a private driveway the owner,
  737  lessee, or agent may have the vehicle or vessel removed by a
  738  towing company upon signing an order that the vehicle or vessel
  739  be removed without a posted tow-away zone sign.
  740         6. Any person or firm that tows or removes vehicles or
  741  vessels and proposes to require an owner, operator, or person in
  742  control or custody of a vehicle or vessel to pay the costs of
  743  towing and storage before redemption of the vehicle or vessel
  744  must file and keep on record with the local law enforcement
  745  agency a complete copy of the current rates to be charged for
  746  such services and post at the storage site an identical rate
  747  schedule and any written contracts with property owners,
  748  lessees, or persons in control of property which authorize such
  749  person or firm to remove vehicles or vessels as provided in this
  750  section.
  751         7. Any person or firm towing or removing any vehicles or
  752  vessels from private property without the consent of the owner
  753  or other legally authorized person in control or custody of the
  754  vehicles or vessels shall, on any trucks, wreckers as defined in
  755  s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
  756  towing or removal, have the name, address, and telephone number
  757  of the company performing such service clearly printed in
  758  contrasting colors on the driver and passenger sides of the
  759  vehicle. The name shall be in at least 3-inch permanently
  760  affixed letters, and the address and telephone number shall be
  761  in at least 1-inch permanently affixed letters.
  762         8. Vehicle entry for the purpose of removing the vehicle or
  763  vessel shall be allowed with reasonable care on the part of the
  764  person or firm towing the vehicle or vessel. Such person or firm
  765  shall be liable for any damage occasioned to the vehicle or
  766  vessel if such entry is not in accordance with the standard of
  767  reasonable care.
  768         9. When a vehicle or vessel has been towed or removed
  769  pursuant to this section, it must be released to its owner or
  770  person in control or custody within 1 hour after requested. Any
  771  vehicle or vessel owner or person in control or custody has the
  772  right to inspect the vehicle or vessel before accepting its
  773  return, and no release or waiver of any kind which would release
  774  the person or firm towing the vehicle or vessel from liability
  775  for damages noted by the owner or person in control or custody
  776  at the time of the redemption may be required from any vehicle
  777  or vessel owner or person in control or custody as a condition
  778  of release of the vehicle or vessel to its owner or person in
  779  control or custody. A detailed receipt showing the legal name of
  780  the company or person towing or removing the vehicle or vessel
  781  must be given to the person paying towing or storage charges at
  782  the time of payment, whether requested or not.
  783         Section 8. This act shall take effect July 1, 2023.
  784  
  785  ================= T I T L E  A M E N D M E N T ================
  786  And the title is amended as follows:
  787         Delete everything before the enacting clause
  788  and insert:
  789                        A bill to be entitled                      
  790         An act relating to towing and storage; amending s.
  791         321.051, F.S.; prohibiting the Division of the Florida
  792         Highway Patrol from excluding wrecker operators from
  793         the wrecker operator system or from being designated
  794         as an authorized wrecker operator based solely on a
  795         prior felony conviction; providing exceptions;
  796         amending s. 713.78, F.S.; defining the term “towing
  797         storage operator”; authorizing a towing-storage
  798         operator to charge certain fees; providing that a lien
  799         can only be placed on specified fees; revising
  800         requirements for law enforcement agencies and the
  801         Department of Highway Safety and Motor Vehicles
  802         relating to the removal of vehicles or vessels;
  803         revising requirements for notices of lien; revising
  804         requirements relating to towing-storage operators
  805         providing notice to public agencies of jurisdiction;
  806         revising the timeframe in which certain unclaimed
  807         vehicles or vessels may be sold; revising requirements
  808         for notices of sale; revising provisions regarding
  809         permission to inspect a vehicle or vessel; providing
  810         when a vehicle must be made available for inspection;
  811         revising criminal penalties; requiring a towing
  812         storage operator to maintain certain records for at
  813         least a specified period of time; providing the
  814         exclusive remedy for certain liens; requiring towing
  815         storage operators to accept certain types of payment;
  816         prohibiting certain persons from being required to
  817         furnish more than one form of current government photo
  818         identification for purposes of verifying their
  819         identity; making technical changes; amending s. 83.19,
  820         F.S.; conforming a provision to changes made by the
  821         act; amending s. 83.806, F.S.; revising requirements
  822         for the sale or disposition of property at self
  823         service storage facilities; providing inspection
  824         requirements for vehicles or vessels being sold by a
  825         facility or unit owner; requiring vehicles or vessels
  826         to be released under certain circumstances; providing
  827         a criminal penalty; providing requirements for filing
  828         lawsuits relating to such vehicles or vessels;
  829         specifying that failure to make good faith efforts to
  830         comply with certain notice requirements precludes the
  831         imposition of certain storage charges; specifying that
  832         copies of specified documents constitute satisfactory
  833         proof for transfer of title; conforming provisions to
  834         changes made by the act; amending s. 83.808, F.S.;
  835         requiring that rental agreements relating to self
  836         service storage facilities authorize tenants to
  837         designate an optional alternate contact person;
  838         specifying such person may only be contacted for
  839         certain purposes; specifying that such person does not
  840         have an interest in the contents stored at the self
  841         service storage facility or in the self-contained
  842         storage unit; amending s. 677.210, F.S.; conforming
  843         provisions to changes made by the act; amending s.
  844         715.07, F.S.; conforming a cross-reference; providing
  845         an effective date.