Florida Senate - 2023                                     SB 760
       
       
        
       By Senator Perry
       
       
       
       
       
       9-01546-23                                             2023760__
    1                        A bill to be entitled                      
    2         An act relating to wrecker and towing-storage
    3         operators; amending s. 321.051, F.S.; prohibiting the
    4         Division of the Florida Highway Patrol from excluding
    5         wrecker operators from the wrecker operator system or
    6         from being designated as an authorized wrecker
    7         operator based solely on a prior felony conviction;
    8         providing an exception; amending s. 713.78, F.S.;
    9         defining the term “towing-storage operator”;
   10         authorizing a towing-storage operator to charge
   11         certain fees; providing that a lien can be placed on a
   12         vehicle only for specified fees; requiring a towing
   13         storage operator to accept credit cards; deleting
   14         certain requirements for law enforcement agencies and
   15         the Department of Highway Safety and Motor Vehicles;
   16         revising the timeframe in which certain unclaimed
   17         vehicles or vessels may be sold; revising the
   18         timeframe in which a notice of lien must be sent for
   19         certain unclaimed vehicles or vessels; revising the
   20         timeframe in which a towing-storage operator must
   21         provide certain notice to the public agency of
   22         jurisdiction; requiring that such notice be sent by
   23         certified mail; requiring the posting of a bond or
   24         other security be done in a specified manner; revising
   25         the timeframe in which public notice of the sale of a
   26         vehicle or vessel must be published; restricting the
   27         imposition of storage charges under certain
   28         circumstances; revising the amount a lienor may charge
   29         as an administrative fee; requiring a towing-storage
   30         operator to maintain certain records; providing the
   31         exclusive remedy for certain liens; making technical
   32         changes; amending s. 559.917, F.S.; providing
   33         procedures and requirements for acquiring a bond to
   34         release certain liens; providing definitions; amending
   35         ss. 83.09, 83.805, and 677.210, F.S.; conforming
   36         provisions to changes made by the act; amending s.
   37         715.07, F.S.; conforming a cross-reference; providing
   38         an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (5) is added to section 321.051,
   43  Florida Statutes, to read:
   44         321.051 Florida Highway Patrol wrecker operator system;
   45  penalties for operation outside of system.—
   46         (5)The Division of the Florida Highway Patrol may not
   47  exclude a wrecker operator from the wrecker operator system or
   48  fail to designate him or her as an authorized wrecker operator
   49  based solely on a prior felony conviction, unless such
   50  conviction is for a forcible felony as defined in s. 776.08.
   51         Section 2. Subsections (1), (2), (4), (5), (6), and (9),
   52  paragraph (a) of subsection (11), paragraph (a) of subsection
   53  (12), paragraphs (a), (b), and (d) of subsection (13), and
   54  paragraph (a) of subsection (15) of section 713.78, Florida
   55  Statutes, are amended, and subsections (18) and (19) are added
   56  to that section, to read:
   57         713.78 Liens for recovering, towing, or storing vehicles
   58  and vessels.—
   59         (1) For the purposes of this section, the term:
   60         (d)(a) “Vehicle” means any mobile item, whether motorized
   61  or not, which is mounted on wheels.
   62         (e)(b) “Vessel” means every description of watercraft,
   63  barge, and airboat used or capable of being used as a means of
   64  transportation on water, other than a seaplane or a “documented
   65  vessel” as defined in s. 327.02.
   66         (c)“Towing-storage operator” means a person who regularly
   67  engages in the business of transporting vehicles or vessels by
   68  wrecker, tow truck, or car carrier.
   69         (f)(c) “Wrecker” means any truck or other vehicle that
   70  which is used to tow, carry, or otherwise transport motor
   71  vehicles or vessels upon the streets and highways of this state
   72  and which is equipped for that purpose with a boom, winch, car
   73  carrier, or other similar equipment.
   74         (b)(d) “National Motor Vehicle Title Information System”
   75  means the federally authorized electronic National Motor Vehicle
   76  Title Information System.
   77         (a)(e) “Equivalent commercially available system” means a
   78  service that charges a fee to provide vehicle information and
   79  that at a minimum maintains records from those states
   80  participating in data sharing with the National Motor Vehicle
   81  Title Information System.
   82         (2)(a)A towing-storage operator may charge only the
   83  following fees for, or incidental to, the recovery, removal, or
   84  storage of a vehicle or vessel:
   85         1.A reasonable recovery fee.
   86         2.A reasonable towing fee.
   87         3.A reasonable storage fee.
   88         4.A reasonable fee or charge that is imposed by a county
   89  or municipality.
   90         (b)If a towing-storage operator Whenever a person
   91  regularly engaged in the business of transporting vehicles or
   92  vessels by wrecker, tow truck, or car carrier recovers, removes,
   93  or stores a vehicle or vessel upon instructions from:
   94         1.(a) The owner thereof;
   95         2.(b) The owner or lessor, or a person authorized by the
   96  owner or lessor, of property on which such vehicle or vessel is
   97  wrongfully parked, and the removal is done in compliance with s.
   98  715.07;
   99         3.(c) The landlord or a person authorized by the landlord,
  100  when such motor vehicle or vessel remained on the premises after
  101  the tenancy terminated and the removal is done in compliance
  102  with s. 83.806 or s. 715.104; or
  103         4.(d) Any law enforcement agency,
  104  
  105  she or he has shall have a lien on the vehicle or vessel for a
  106  reasonable recovery fee, a reasonable towing fee, for a
  107  reasonable administrative fee or charge imposed by a county or
  108  municipality, and for a reasonable storage fee; except that a
  109  storage fee may not be charged if the vehicle or vessel is
  110  stored for fewer than 6 hours.
  111         (c)A towing-storage operator must accept credit cards, as
  112  that term is defined in s. 658.995(2)(a).
  113         (4)(a) A towing-storage operator person regularly engaged
  114  in the business of recovering, towing, or storing vehicles or
  115  vessels who comes into possession of a vehicle or vessel
  116  pursuant to paragraph (2)(b) subsection (2), and who claims a
  117  lien for recovery, towing, or storage services, must shall give
  118  notice, by certified mail, to the registered owner, the
  119  insurance company insuring the vehicle notwithstanding s.
  120  627.736, and all persons claiming a lien thereon, as disclosed
  121  by the records in the Department of Highway Safety and Motor
  122  Vehicles or as disclosed by the records of any corresponding
  123  agency in any other state in which the vehicle is identified
  124  through a records check of the National Motor Vehicle Title
  125  Information System or an equivalent commercially available
  126  system as being titled or registered.
  127         (b)Whenever a law enforcement agency authorizes the
  128  removal of a vehicle or vessel or whenever a towing service,
  129  garage, repair shop, or automotive service, storage, or parking
  130  place notifies the law enforcement agency of possession of a
  131  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
  132  enforcement agency of the jurisdiction where the vehicle or
  133  vessel is stored shall contact the Department of Highway Safety
  134  and Motor Vehicles, or the appropriate agency of the state of
  135  registration, if known, within 24 hours through the medium of
  136  electronic communications, giving the full description of the
  137  vehicle or vessel. Upon receipt of the full description of the
  138  vehicle or vessel, the department shall search its files to
  139  determine the owner’s name, the insurance company insuring the
  140  vehicle or vessel, and whether any person has filed a lien upon
  141  the vehicle or vessel as provided in s. 319.27(2) and (3) and
  142  notify the applicable law enforcement agency within 72 hours.
  143  The person in charge of the towing service, garage, repair shop,
  144  or automotive service, storage, or parking place shall obtain
  145  such information from the applicable law enforcement agency
  146  within 5 days after the date of storage and shall give notice
  147  pursuant to paragraph (a). The department may release the
  148  insurance company information to the requestor notwithstanding
  149  s. 627.736.
  150         (b)(c) The notice of lien must be sent by certified mail to
  151  the registered owner, the insurance company insuring the vehicle
  152  notwithstanding s. 627.736, and all other persons claiming a
  153  lien thereon within 3 7 business days, excluding Saturday and
  154  Sunday, after the date of storage of the vehicle or vessel.
  155  However, in no event shall the notice of lien be sent less than
  156  30 days before the sale of the vehicle or vessel. The notice
  157  must state:
  158         1. If the claim of lien is for a vehicle, the last 8 digits
  159  of the vehicle identification number of the vehicle subject to
  160  the lien, or, if the claim of lien is for a vessel, the hull
  161  identification number of the vessel subject to the lien, clearly
  162  printed in the delivery address box and on the outside of the
  163  envelope sent to the registered owner and all other persons
  164  claiming an interest in therein or lien on the vehicle or vessel
  165  thereon.
  166         2. The name, physical address, and telephone number of the
  167  lienor, and the entity name, as registered with the Division of
  168  Corporations, of the business where the towing and storage
  169  occurred, which must also appear on the outside of the envelope
  170  sent to the registered owner and all other persons claiming an
  171  interest in or lien on the vehicle or vessel.
  172         3. The fact of possession of the vehicle or vessel.
  173         4. The name of the person or entity that authorized the
  174  lienor to take possession of the vehicle or vessel.
  175         5. That a lien as provided in paragraph (2)(b) subsection
  176  (2) is claimed.
  177         6. That charges have accrued and include an itemized
  178  statement of the amount thereof.
  179         7. That the lien is subject to enforcement under law and
  180  that the owner or lienholder, if any, has the right to a hearing
  181  as set forth in subsection (5).
  182         8. That any vehicle or vessel that remains unclaimed, or
  183  for which the charges for recovery, towing, or storage services
  184  remain unpaid, may be sold free of all prior liens 35 days after
  185  the vehicle or vessel is stored by the lienor if the vehicle or
  186  vessel is more than 3 years of age or 65 50 days after the
  187  vehicle or vessel is stored by the lienor if the vehicle or
  188  vessel is 3 years of age or less.
  189         9. The address at which the vehicle or vessel is physically
  190  located.
  191         (c)(d) The notice of lien may not be sent to the registered
  192  owner, the insurance company insuring the vehicle or vessel, and
  193  all other persons claiming a lien thereon less than 30 days
  194  before the sale of a the vehicle or vessel that is more than 3
  195  years of age or less than 60 days before the sale of a vehicle
  196  or vessel that is 3 years of age or less.
  197         (d)(e) If attempts to locate the name and address of the
  198  owner or lienholder prove unsuccessful, the towing-storage
  199  operator shall, after 3 7 business days, excluding Saturday and
  200  Sunday, after the initial tow or storage, notify the public
  201  agency of jurisdiction where the vehicle or vessel is stored in
  202  writing by certified mail or acknowledged hand delivery that the
  203  towing-storage company has been unable to locate the name and
  204  address of the owner or lienholder and a physical search of the
  205  vehicle or vessel has disclosed no ownership information and a
  206  good faith effort has been made, including records checks of the
  207  Department of Highway Safety and Motor Vehicles database and the
  208  National Motor Vehicle Title Information System or an equivalent
  209  commercially available system. For purposes of this paragraph
  210  and subsection (9), the term “good faith effort” means that the
  211  following checks have been performed by the company to establish
  212  the prior state of registration and for title:
  213         1. A check of the department’s database for the owner and
  214  any lienholder.
  215         2. A check of the electronic National Motor Vehicle Title
  216  Information System or an equivalent commercially available
  217  system to determine the state of registration when there is not
  218  a current registration record for the vehicle or vessel on file
  219  with the department.
  220         3. A check of the vehicle or vessel for any type of tag,
  221  tag record, temporary tag, or regular tag.
  222         4. A check of the law enforcement report for a tag number
  223  or other information identifying the vehicle or vessel, if the
  224  vehicle or vessel was towed at the request of a law enforcement
  225  officer.
  226         5. A check of the trip sheet or tow ticket of the tow truck
  227  operator to determine whether a tag was on the vehicle or vessel
  228  at the beginning of the tow, if a private tow.
  229         6. If there is no address of the owner on the impound
  230  report, a check of the law enforcement report to determine
  231  whether an out-of-state address is indicated from driver license
  232  information.
  233         7. A check of the vehicle or vessel for an inspection
  234  sticker or other stickers and decals that may indicate a state
  235  of possible registration.
  236         8. A check of the interior of the vehicle or vessel for any
  237  papers that may be in the glove box, trunk, or other areas for a
  238  state of registration.
  239         9. A check of the vehicle for a vehicle identification
  240  number.
  241         10. A check of the vessel for a vessel registration number.
  242         11. A check of the vessel hull for a hull identification
  243  number which should be carved, burned, stamped, embossed, or
  244  otherwise permanently affixed to the outboard side of the
  245  transom or, if there is no transom, to the outmost seaboard side
  246  at the end of the hull that bears the rudder or other steering
  247  mechanism.
  248         (5)(a) The owner of a vehicle or vessel removed pursuant to
  249  paragraph (2)(b) subsection (2), or any person claiming a lien,
  250  other than the towing-storage operator, within 10 days after the
  251  time she or he has knowledge of the location of the vehicle or
  252  vessel, may file a complaint in the county court of the county
  253  in which the vehicle or vessel is stored to determine whether
  254  her or his property was wrongfully taken or withheld.
  255         (b) At any time before the sale of the vehicle or vessel,
  256  an owner or lienholder may have her or his vehicle or vessel
  257  released upon payment of the applicable fee in s. 28.24 and
  258  posting with the court a cash or surety bond, or other adequate
  259  security, in accordance with s. 559.917 equal to the amount of
  260  the charges for towing or storage and lot rental amount to
  261  ensure the payment of such charges in the event she or he does
  262  not prevail. Upon the posting of the bond and the payment of the
  263  applicable fee set forth in s. 28.24, the clerk of the court
  264  shall issue a certificate notifying the lienor of the posting of
  265  the bond and directing the lienor to release the vehicle or
  266  vessel. At the time of such release, after reasonable
  267  inspection, she or he shall give a receipt to the towing-storage
  268  company reciting any claims she or he has for loss or damage to
  269  the vehicle or vessel or the contents thereof.
  270         (c) Upon determining the respective rights of the parties,
  271  the court may award damages, attorney attorney’s fees, and costs
  272  in favor of the prevailing party. In any event, the final order
  273  must shall provide for immediate payment in full of recovery,
  274  towing, and storage fees by the vehicle or vessel owner or
  275  lienholder; or the agency ordering the tow; or the owner,
  276  lessee, or agent thereof of the property from which the vehicle
  277  or vessel was removed.
  278         (6) A vehicle or vessel that is stored pursuant to
  279  paragraph (2)(b) subsection (2) and remains unclaimed, or for
  280  which reasonable charges for recovery, towing, or storing remain
  281  unpaid, and any contents not released pursuant to subsection
  282  (10), may be sold by the owner or operator of the storage space
  283  for such towing or storage charge 35 days after the vehicle or
  284  vessel is stored by the lienor if the vehicle or vessel is more
  285  than 3 years of age or 65 50 days after the vehicle or vessel is
  286  stored by the lienor if the vehicle or vessel is 3 years of age
  287  or less. The sale must shall be at public sale for cash. If the
  288  date of the sale was not included in the notice required in
  289  subsection (4), notice of the sale must shall be given to the
  290  person in whose name the vehicle or vessel is registered and to
  291  all persons claiming a lien on the vehicle or vessel as shown on
  292  the records of the Department of Highway Safety and Motor
  293  Vehicles or of any corresponding agency in any other state in
  294  which the vehicle is identified through a records check of the
  295  National Motor Vehicle Title Information System or an equivalent
  296  commercially available system as being titled. Notice of the
  297  sale must be sent by certified mail to the owner of the vehicle
  298  or vessel and the person having the recorded lien on the vehicle
  299  or vessel at the address shown on the records of the registering
  300  agency at least 30 days before the sale of the vehicle or
  301  vessel. The notice must have clearly identified and printed, if
  302  the claim of lien is for a motor vehicle, The last 8 digits of
  303  the vehicle identification number of the motor vehicle subject
  304  to the lien, or, if the claim of lien is for a vessel, the hull
  305  identification number of the vessel subject to the lien, must be
  306  clearly identified and printed in the delivery address box and
  307  on the outside of the envelope sent to the registered owner and
  308  all other persons claiming an interest in therein or lien on the
  309  vehicle or vessel thereon. The notice must be sent to the owner
  310  of the vehicle or vessel and the person having the recorded lien
  311  on the vehicle or vessel at the address shown on the records of
  312  the registering agency at least 30 days before the sale of the
  313  vehicle or vessel. The notice must state the name, physical
  314  address, and telephone number of the lienor, and the vehicle
  315  identification number if the claim of lien is for a vehicle or
  316  the hull identification number if the claim of lien is for a
  317  vessel, all of which must also appear in the return address
  318  section on the outside of the envelope containing the notice of
  319  sale. After diligent search and inquiry, if the name and address
  320  of the registered owner or the owner of the recorded lien cannot
  321  be ascertained, the requirements of notice by mail may be
  322  dispensed with. In addition to the notice by mail, public notice
  323  of the time and place of sale must shall be made by publishing a
  324  notice thereof one time, at least 30 10 days before the date of
  325  the sale, in a newspaper of general circulation in the county in
  326  which the sale is to be held. The proceeds of the sale, after
  327  payment of reasonable towing and storage charges, and costs of
  328  the sale, in that order of priority, must shall be deposited
  329  with the clerk of the circuit court for the county if the owner
  330  or lienholder is absent, and the clerk shall hold such proceeds
  331  subject to the claim of the owner or lienholder legally entitled
  332  thereto. The clerk is shall be entitled to receive 5 percent of
  333  such proceeds for the care and disbursement thereof. The
  334  certificate of title issued under this law shall be discharged
  335  of All liens on the certificate of title issued under this
  336  section must be discharged unless otherwise provided by court
  337  order. The owner or lienholder may file a complaint after the
  338  vehicle or vessel has been sold in the county court of the
  339  county in which it is stored. Upon determining the respective
  340  rights of the parties, the court may award damages, attorney
  341  fees, and costs in favor of the prevailing party.
  342         (9) Failure to make good faith efforts to substantially
  343  comply with the notice requirements of this section or precludes
  344  the imposition of any storage charges against the vehicle or
  345  vessel. If a lienor fails to provide notice to a person claiming
  346  a lien on a vehicle or vessel in accordance with subsection (4)
  347  precludes the imposition of storage charges against the vehicle
  348  or vessel, the lienor may not charge the person for more than 3
  349  7 days of storage, but such failure does not affect charges made
  350  for towing the vehicle or vessel or the priority of liens on the
  351  vehicle or vessel.
  352         (11)(a) Any person regularly engaged in the business of
  353  recovering, towing, or storing vehicles or vessels who comes
  354  into possession of a vehicle or vessel pursuant to paragraph
  355  (2)(b) subsection (2) and who has complied with the provisions
  356  of subsections (4) (3) and (6), when such vehicle or vessel is
  357  to be sold for purposes of being dismantled, destroyed, or
  358  changed in such manner that it is not the motor vehicle or
  359  vessel described in the certificate of title, must shall report
  360  the vehicle to the National Motor Vehicle Title Information
  361  System and apply to the Department of Highway Safety and Motor
  362  Vehicles for a certificate of destruction. A certificate of
  363  destruction, which authorizes the dismantling or destruction of
  364  the vehicle or vessel described therein, is shall be
  365  reassignable a maximum of two times before dismantling or
  366  destruction of the vehicle is shall be required, and must shall
  367  accompany the vehicle or vessel for which it is issued, when
  368  such vehicle or vessel is sold for such purposes, in lieu of a
  369  certificate of title. The application for a certificate of
  370  destruction must include proof of reporting to the National
  371  Motor Vehicle Title Information System and an affidavit from the
  372  applicant that she or he it has complied with all applicable
  373  requirements of this section and, if the vehicle or vessel is
  374  not registered in this state or any other state, by a statement
  375  from a law enforcement officer that the vehicle or vessel is not
  376  reported stolen, and must shall be accompanied by such
  377  documentation as may be required by the department.
  378         (12)(a) Any person who violates paragraph (2)(b) any
  379  provision of subsection (1), subsection (2), subsection (4),
  380  subsection (5), subsection (6), or subsection (7) is guilty of a
  381  misdemeanor of the first degree, punishable as provided in s.
  382  775.082 or s. 775.083.
  383         (13)(a) Upon receipt by the Department of Highway Safety
  384  and Motor Vehicles of written notice from a wrecker operator who
  385  claims a wrecker operator’s lien under subparagraph (2)(b)4.
  386  paragraph (2)(d) for recovery, towing, or storage of an
  387  abandoned vehicle or vessel upon instructions from any law
  388  enforcement agency, for which a certificate of destruction has
  389  been issued under subsection (11) and the vehicle has been
  390  reported to the National Motor Vehicle Title Information System,
  391  the department shall place the name of the registered owner of
  392  that vehicle or vessel on the list of those persons who may not
  393  be issued a license plate or revalidation sticker for any motor
  394  vehicle under s. 320.03(8). If the vehicle or vessel is owned
  395  jointly by more than one person, the name of each registered
  396  owner must shall be placed on the list. The notice of wrecker
  397  operator’s lien must shall be submitted on forms provided by the
  398  department and, which must include:
  399         1. The name, address, and telephone number of the wrecker
  400  operator.
  401         2. The name of the registered owner of the vehicle or
  402  vessel and the address to which the wrecker operator provided
  403  notice of the lien to the registered owner under subsection (4).
  404         3. A general description of the vehicle or vessel,
  405  including its color, make, model, body style, and year.
  406         4. The vehicle identification number (VIN); registration
  407  license plate number, state, and year; validation decal number,
  408  state, and year; vessel registration number; hull identification
  409  number; or other identification number, as applicable.
  410         5. The name of the person or the corresponding law
  411  enforcement agency that requested that the vehicle or vessel be
  412  recovered, towed, or stored.
  413         6. The amount of the wrecker operator’s lien, not to exceed
  414  the amount allowed by paragraph (b).
  415         (b) For purposes of this subsection only, the amount of the
  416  wrecker operator’s lien for which the department will prevent
  417  issuance of a license plate or revalidation sticker may not
  418  exceed the amount of the charges for recovery, towing, and
  419  storage of the vehicle or vessel for 7 days. These charges may
  420  not exceed the maximum rates imposed by the ordinances of the
  421  respective county or municipality under ss. 125.0103(1)(c) and
  422  166.043(1)(c). This paragraph does not limit the amount of a
  423  wrecker operator’s lien claimed under paragraph (2)(b)
  424  subsection (2) or prevent a wrecker operator from seeking civil
  425  remedies for enforcement of the entire amount of the lien, but
  426  limits only that portion of the lien for which the department
  427  will prevent issuance of a license plate or revalidation
  428  sticker.
  429         (d) Upon discharge of the amount of the wrecker operator’s
  430  lien allowed by paragraph (b), the wrecker operator must issue a
  431  certificate of discharged wrecker operator’s lien on forms
  432  provided by the department to each registered owner of the
  433  vehicle or vessel attesting that the amount of the wrecker
  434  operator’s lien allowed by paragraph (b) has been discharged.
  435  Upon presentation of the certificate of discharged wrecker
  436  operator’s lien by the registered owner, the department must
  437  shall immediately remove the registered owner’s name from the
  438  list of those persons who may not be issued a license plate or
  439  revalidation sticker for any motor vehicle under s. 320.03(8),
  440  thereby allowing issuance of a license plate or revalidation
  441  sticker. Issuance of a certificate of discharged wrecker
  442  operator’s lien under this paragraph does not discharge the
  443  entire amount of the wrecker operator’s lien claimed under
  444  paragraph (2)(b) subsection (2), but only certifies to the
  445  department that the amount of the wrecker operator’s lien
  446  allowed by paragraph (b), for which the department will prevent
  447  issuance of a license plate or revalidation sticker, has been
  448  discharged.
  449         (15)(a) A lienor or the lienor’s agent may charge an
  450  administrative fee to the registered owner or a person claiming
  451  a lien against the vehicle or vessel to obtain release of the
  452  vehicle or vessel from the claim of lien imposed under this
  453  section. The Such administrative fee may not exceed $250 or the
  454  amount set by the county or municipality, whichever is less. For
  455  purposes of this paragraph, the term “administrative fee” means
  456  a lien fee or any fee imposed by the lienor or the lienor’s
  457  agent for administrative costs added to the amount due for
  458  towing and storing the vehicle or vessel.
  459         (18)A towing-storage operator must retain records of all
  460  vehicles or vessels recovered, towed, or stored; all notice
  461  publications and certified mailings; and all fees imposed under
  462  this section.
  463         (19)This section is the exclusive remedy for the placement
  464  or foreclosure of a storage lien placed on a vehicle or vessel.
  465         Section 3. Section 559.917, Florida Statutes, is amended to
  466  read:
  467         559.917 Bond to release possessory lien claimed by motor
  468  vehicle repair shop or towing-storage operator.—
  469         (1)(a) A customer or a person of record claiming a lien
  470  against a motor vehicle or vessel may obtain the release of the
  471  motor vehicle or vessel from any lien claimed under part II of
  472  chapter 713 by a motor vehicle repair shop for repair work
  473  performed under a written repair estimate or by a towing-storage
  474  operator for recovery, towing, or storage charges by filing with
  475  the clerk of the court in the circuit in which the disputed
  476  transaction occurred a cash or surety bond, payable to the
  477  person claiming the lien and conditioned for the payment of any
  478  judgment which may be entered on the lien. The bond must shall
  479  be in the amount stated on the notice of lien required under s.
  480  713.78(4) or on the invoice required by s. 559.911, plus accrued
  481  storage charges, if any, less any amount paid to the motor
  482  vehicle repair shop as indicated on the invoice. The customer or
  483  person is shall not be required to institute judicial
  484  proceedings in order to post the bond in the registry of the
  485  court and is shall not be required to use a particular form for
  486  posting the bond unless the clerk provides such form to the
  487  customer or person for filing. Upon the posting of such bond,
  488  the clerk of the court shall automatically issue a certificate
  489  notifying the lienor of the posting of the bond and directing
  490  the lienor to release the motor vehicle or vessel.
  491         (b) The lienor has shall have 60 days to file suit to
  492  recover the bond. The prevailing party in that action may be
  493  entitled to damages plus court costs and reasonable attorney
  494  fees. If the lienor fails to file suit within 60 days after the
  495  posting of such bond, the bond must shall be discharged by the
  496  clerk.
  497         (2) If the failure of a lienor fails to release or return
  498  to the customer or person the motor vehicle or vessel upon which
  499  any lien is claimed, upon receiving a copy of a certificate
  500  giving notice of the posting of the bond and directing release
  501  of the motor vehicle or vessel, the lienor is shall subject the
  502  lienor to judicial proceedings which may be brought by the
  503  customer or person to compel compliance with the certificate. If
  504  Whenever a customer or person brings an action to compel
  505  compliance with the certificate, the customer or person must
  506  need only establish the following that:
  507         (a) That the bond in the amount on the notice of lien
  508  required under s. 713.78(4) or on of the invoice, plus accrued
  509  storage charges, if any, less any amount paid to the motor
  510  vehicle repair shop as indicated on the invoice, was posted.;
  511         (b) That a certificate was issued under pursuant to this
  512  section.;
  513         (c) That the motor vehicle repair shop or towing-storage
  514  operator, or any employee or agent thereof who is authorized to
  515  release the motor vehicle or vessel, received a copy of a
  516  certificate issued under pursuant to this section.; and
  517         (d) That the motor vehicle repair shop or towing-storage
  518  operator, or an employee or agent thereof who is authorized to
  519  release the motor vehicle or vessel, failed to release the motor
  520  vehicle or vessel.
  521  
  522  The customer or person, upon a judgment in her or his favor in
  523  an action brought under this subsection, may be entitled to
  524  damages plus court costs and reasonable attorney fees sustained
  525  by her or him by reason of such wrongful detention or retention.
  526  Upon a judgment in favor of the motor vehicle repair shop or
  527  towing-storage operator, the shop or towing-storage operator may
  528  be entitled to reasonable attorney fees.
  529         (3) A motor vehicle repair shop or towing-storage operator
  530  that, or an employee or agent thereof who is authorized to
  531  release the motor vehicle or vessel, who, upon receiving a copy
  532  of a certificate giving notice of the posting of the bond in the
  533  required amount and directing release of the motor vehicle or
  534  vessel, fails to release or return the property to the customer
  535  or person pursuant to this section commits a misdemeanor of the
  536  second degree, punishable as provided in s. 775.082 or s.
  537  775.083.
  538         (4) A customer or person who stops payment on a credit card
  539  charge or a check drawn in favor of a motor vehicle repair shop
  540  on account of an invoice or who fails to post a cash or surety
  541  bond under pursuant to this section is shall be prohibited from
  542  any recourse under this section with respect to the motor
  543  vehicle repair shop.
  544         (5)For purposes of this section, the terms “towing-storage
  545  operator” and “vessel” have the same meanings as in s.
  546  713.78(1).
  547         Section 4. Section 83.09, Florida Statutes, is amended to
  548  read:
  549         83.09 Exemptions from liens for rent.—
  550         (1)The No property of any tenant or lessee shall be exempt
  551  from distress and sale for rent, except beds, bedclothes, and
  552  wearing apparel of a tenant or lessee are exempt from distress
  553  and sale for rent.
  554         (2)A lien on a vehicle or vessel, as those terms are
  555  defined in s. 713.78(1), of a tenant or lessee must be placed
  556  and foreclosed pursuant to s. 713.78 and may not be placed or
  557  foreclosed under this chapter.
  558         Section 5. Section 83.805, Florida Statutes, is amended to
  559  read:
  560         83.805 Lien.—
  561         (1) The owner of a self-service storage facility or self
  562  contained storage unit and the owner’s heirs, executors,
  563  administrators, successors, and assigns have a lien upon all
  564  personal property, whether or not owned by the tenant, located
  565  at a self-service storage facility or in a self-contained
  566  storage unit for rent, labor charges, or other charges, present
  567  or future, in relation to the personal property and for expenses
  568  necessary for its preservation or expenses reasonably incurred
  569  in its sale or other disposition pursuant to ss. 83.801-83.809.
  570  The lien provided for in this section attaches as of the date
  571  that the personal property is brought to the self-service
  572  storage facility or as of the date the tenant takes possession
  573  of the self-contained storage unit, and the priority of this
  574  lien shall be the same as provided in s. 83.08; however, in the
  575  event of default, the owner must give notice to persons who hold
  576  perfected security interests under the Uniform Commercial Code
  577  in which the tenant is named as the debtor.
  578         (2)A lien on a vehicle or vessel, as those terms are
  579  defined in s. 713.78(1), of a tenant must be placed and
  580  foreclosed pursuant to s. 713.78 and may not be placed or
  581  foreclosed under this chapter.
  582         Section 6. Subsection (10) is added to section 677.210,
  583  Florida Statutes, to read:
  584         677.210 Enforcement of warehouse’s lien.—
  585         (10)A lien on a vehicle or vessel, as those terms are
  586  defined in s. 713.78(1), must be placed and foreclosed pursuant
  587  to s. 713.78 and may not be placed or foreclosed under this
  588  chapter.
  589         Section 7. Paragraph (a) of subsection (2) of section
  590  715.07, Florida Statutes, is amended to read:
  591         715.07 Vehicles or vessels parked on private property;
  592  towing.—
  593         (2) The owner or lessee of real property, or any person
  594  authorized by the owner or lessee, which person may be the
  595  designated representative of the condominium association if the
  596  real property is a condominium, may cause any vehicle or vessel
  597  parked on such property without her or his permission to be
  598  removed by a person regularly engaged in the business of towing
  599  vehicles or vessels, without liability for the costs of removal,
  600  transportation, or storage or damages caused by such removal,
  601  transportation, or storage, under any of the following
  602  circumstances:
  603         (a) The towing or removal of any vehicle or vessel from
  604  private property without the consent of the registered owner or
  605  other legally authorized person in control of that vehicle or
  606  vessel is subject to substantial compliance with the following
  607  conditions and restrictions:
  608         1.a. Any towed or removed vehicle or vessel must be stored
  609  at a site within a 10-mile radius of the point of removal in any
  610  county of 500,000 population or more, and within a 15-mile
  611  radius of the point of removal in any county of fewer than
  612  500,000 population. That site must be open for the purpose of
  613  redemption of vehicles on any day that the person or firm towing
  614  such vehicle or vessel is open for towing purposes, from 8:00
  615  a.m. to 6:00 p.m., and, when closed, shall have prominently
  616  posted a sign indicating a telephone number where the operator
  617  of the site can be reached at all times. Upon receipt of a
  618  telephoned request to open the site to redeem a vehicle or
  619  vessel, the operator shall return to the site within 1 hour or
  620  she or he will be in violation of this section.
  621         b. If no towing business providing such service is located
  622  within the area of towing limitations set forth in sub
  623  subparagraph a., the following limitations apply: any towed or
  624  removed vehicle or vessel must be stored at a site within a 20
  625  mile radius of the point of removal in any county of 500,000
  626  population or more, and within a 30-mile radius of the point of
  627  removal in any county of fewer than 500,000 population.
  628         2. The person or firm towing or removing the vehicle or
  629  vessel shall, within 30 minutes after completion of such towing
  630  or removal, notify the municipal police department or, in an
  631  unincorporated area, the sheriff, of such towing or removal, the
  632  storage site, the time the vehicle or vessel was towed or
  633  removed, and the make, model, color, and license plate number of
  634  the vehicle or description and registration number of the vessel
  635  and shall obtain the name of the person at that department to
  636  whom such information was reported and note that name on the
  637  trip record.
  638         3. A person in the process of towing or removing a vehicle
  639  or vessel from the premises or parking lot in which the vehicle
  640  or vessel is not lawfully parked must stop when a person seeks
  641  the return of the vehicle or vessel. The vehicle or vessel must
  642  be returned upon the payment of a reasonable service fee of not
  643  more than one-half of the posted rate for the towing or removal
  644  service as provided in subparagraph 6. The vehicle or vessel may
  645  be towed or removed if, after a reasonable opportunity, the
  646  owner or legally authorized person in control of the vehicle or
  647  vessel is unable to pay the service fee. If the vehicle or
  648  vessel is redeemed, a detailed signed receipt must be given to
  649  the person redeeming the vehicle or vessel.
  650         4. A person may not pay or accept money or other valuable
  651  consideration for the privilege of towing or removing vehicles
  652  or vessels from a particular location.
  653         5. Except for property appurtenant to and obviously a part
  654  of a single-family residence, and except for instances when
  655  notice is personally given to the owner or other legally
  656  authorized person in control of the vehicle or vessel that the
  657  area in which that vehicle or vessel is parked is reserved or
  658  otherwise unavailable for unauthorized vehicles or vessels and
  659  that the vehicle or vessel is subject to being removed at the
  660  owner’s or operator’s expense, any property owner or lessee, or
  661  person authorized by the property owner or lessee, before towing
  662  or removing any vehicle or vessel from private property without
  663  the consent of the owner or other legally authorized person in
  664  control of that vehicle or vessel, must post a notice meeting
  665  the following requirements:
  666         a. The notice must be prominently placed at each driveway
  667  access or curb cut allowing vehicular access to the property
  668  within 10 feet from the road, as defined in s. 334.03(22). If
  669  there are no curbs or access barriers, the signs must be posted
  670  not fewer than one sign for each 25 feet of lot frontage.
  671         b. The notice must clearly indicate, in not fewer than 2
  672  inch high, light-reflective letters on a contrasting background,
  673  that unauthorized vehicles will be towed away at the owner’s
  674  expense. The words “tow-away zone” must be included on the sign
  675  in not fewer than 4-inch high letters.
  676         c. The notice must also provide the name and current
  677  telephone number of the person or firm towing or removing the
  678  vehicles or vessels.
  679         d. The sign structure containing the required notices must
  680  be permanently installed with the words “tow-away zone” not
  681  fewer than 3 feet and not more than 6 feet above ground level
  682  and must be continuously maintained on the property for not
  683  fewer than 24 hours before the towing or removal of any vehicles
  684  or vessels.
  685         e. The local government may require permitting and
  686  inspection of these signs before any towing or removal of
  687  vehicles or vessels being authorized.
  688         f. A business with 20 or fewer parking spaces satisfies the
  689  notice requirements of this subparagraph by prominently
  690  displaying a sign stating “Reserved Parking for Customers Only
  691  Unauthorized Vehicles or Vessels Will be Towed Away At the
  692  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  693  letters on a contrasting background.
  694         g. A property owner towing or removing vessels from real
  695  property must post notice, consistent with the requirements in
  696  sub-subparagraphs a.-f., which apply to vehicles, that
  697  unauthorized vehicles or vessels will be towed away at the
  698  owner’s expense.
  699  
  700  A business owner or lessee may authorize the removal of a
  701  vehicle or vessel by a towing company when the vehicle or vessel
  702  is parked in such a manner that restricts the normal operation
  703  of business; and if a vehicle or vessel parked on a public
  704  right-of-way obstructs access to a private driveway the owner,
  705  lessee, or agent may have the vehicle or vessel removed by a
  706  towing company upon signing an order that the vehicle or vessel
  707  be removed without a posted tow-away zone sign.
  708         6. Any person or firm that tows or removes vehicles or
  709  vessels and proposes to require an owner, operator, or person in
  710  control or custody of a vehicle or vessel to pay the costs of
  711  towing and storage before redemption of the vehicle or vessel
  712  must file and keep on record with the local law enforcement
  713  agency a complete copy of the current rates to be charged for
  714  such services and post at the storage site an identical rate
  715  schedule and any written contracts with property owners,
  716  lessees, or persons in control of property which authorize such
  717  person or firm to remove vehicles or vessels as provided in this
  718  section.
  719         7. Any person or firm towing or removing any vehicles or
  720  vessels from private property without the consent of the owner
  721  or other legally authorized person in control or custody of the
  722  vehicles or vessels shall, on any trucks, wreckers as defined in
  723  s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
  724  towing or removal, have the name, address, and telephone number
  725  of the company performing such service clearly printed in
  726  contrasting colors on the driver and passenger sides of the
  727  vehicle. The name shall be in at least 3-inch permanently
  728  affixed letters, and the address and telephone number shall be
  729  in at least 1-inch permanently affixed letters.
  730         8. Vehicle entry for the purpose of removing the vehicle or
  731  vessel shall be allowed with reasonable care on the part of the
  732  person or firm towing the vehicle or vessel. Such person or firm
  733  shall be liable for any damage occasioned to the vehicle or
  734  vessel if such entry is not in accordance with the standard of
  735  reasonable care.
  736         9. When a vehicle or vessel has been towed or removed
  737  pursuant to this section, it must be released to its owner or
  738  person in control or custody within 1 hour after requested. Any
  739  vehicle or vessel owner or person in control or custody has the
  740  right to inspect the vehicle or vessel before accepting its
  741  return, and no release or waiver of any kind which would release
  742  the person or firm towing the vehicle or vessel from liability
  743  for damages noted by the owner or person in control or custody
  744  at the time of the redemption may be required from any vehicle
  745  or vessel owner or person in control or custody as a condition
  746  of release of the vehicle or vessel to its owner or person in
  747  control or custody. A detailed receipt showing the legal name of
  748  the company or person towing or removing the vehicle or vessel
  749  must be given to the person paying towing or storage charges at
  750  the time of payment, whether requested or not.
  751         Section 8. This act shall take effect July 1, 2023.