Florida Senate - 2023                       CS for CS for SB 760
       
       
        
       By the Committees on Rules; and Transportation; and Senator
       Perry
       
       
       
       
       595-04204-23                                           2023760c2
    1                        A bill to be entitled                      
    2         An act relating to towing and storage; amending s.
    3         321.051, F.S.; prohibiting the Division of the Florida
    4         Highway Patrol from excluding wrecker operators from
    5         the wrecker operator system or from being designated
    6         as an authorized wrecker operator based solely on a
    7         prior felony conviction; providing exceptions;
    8         amending s. 713.78, F.S.; defining the term “towing
    9         storage operator”; authorizing a towing-storage
   10         operator to charge certain fees; providing that a lien
   11         can only be placed on specified fees; revising
   12         requirements for law enforcement agencies and the
   13         Department of Highway Safety and Motor Vehicles
   14         relating to the removal of vehicles or vessels;
   15         revising requirements for notices of lien; revising
   16         requirements relating to towing-storage operators
   17         providing notice to public agencies of jurisdiction;
   18         revising the timeframe in which certain unclaimed
   19         vehicles or vessels may be sold; revising requirements
   20         for notices of sale; revising provisions regarding
   21         permission to inspect a vehicle or vessel; providing
   22         when a vehicle must be made available for inspection;
   23         revising criminal penalties; requiring a towing
   24         storage operator to maintain certain records for at
   25         least a specified period of time; providing the
   26         exclusive remedy for certain liens; requiring towing
   27         storage operators to accept certain types of payment;
   28         prohibiting certain persons from being required to
   29         furnish more than one form of current government photo
   30         identification for purposes of verifying their
   31         identity; making technical changes; amending s. 83.19,
   32         F.S.; conforming a provision to changes made by the
   33         act; amending s. 83.806, F.S.; revising requirements
   34         for the sale or disposition of property at self
   35         service storage facilities; providing inspection
   36         requirements for vehicles or vessels being sold by a
   37         facility or unit owner; requiring vehicles or vessels
   38         to be released under certain circumstances; providing
   39         a criminal penalty; providing requirements for filing
   40         lawsuits relating to such vehicles or vessels;
   41         specifying that failure to make good faith efforts to
   42         comply with certain notice requirements precludes the
   43         imposition of certain storage charges; specifying that
   44         copies of specified documents constitute satisfactory
   45         proof for transfer of title; conforming provisions to
   46         changes made by the act; amending s. 83.808, F.S.;
   47         requiring that rental agreements relating to self
   48         service storage facilities authorize tenants to
   49         designate an optional alternate contact person;
   50         specifying such person may be contacted only for
   51         certain purposes; specifying that such person does not
   52         have an interest in the contents stored at the self
   53         service storage facility or in the self-contained
   54         storage unit; amending s. 677.210, F.S.; conforming
   55         provisions to changes made by the act; amending s.
   56         715.07, F.S.; conforming a cross-reference; providing
   57         an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (5) is added to section 321.051,
   62  Florida Statutes, to read:
   63         321.051 Florida Highway Patrol wrecker operator system;
   64  penalties for operation outside of system.—
   65         (5)The Division of the Florida Highway Patrol may not
   66  exclude a wrecker operator from the wrecker operator system or
   67  fail to designate him or her as an authorized wrecker operator
   68  based solely on a prior felony conviction unless such conviction
   69  is for a forcible felony as defined in s. 776.08 or a felony
   70  listed under s. 812.014(2)(c)6. or s. 812.16(2).
   71         Section 2. Subsections (1), (2), and (4), paragraph (a) of
   72  subsection (5), subsections (6), (9), and (10), paragraph (a) of
   73  subsection (11), paragraph (a) of subsection (12), and
   74  paragraphs (a), (b), and (d) of subsection (13) of section
   75  713.78, Florida Statutes, are amended, and subsections (18),
   76  (19), and (20) are added to that section, to read:
   77         713.78 Liens for recovering, towing, or storing vehicles
   78  and vessels.—
   79         (1) For the purposes of this section, the term:
   80         (d)(a) “Vehicle” means any mobile item, whether motorized
   81  or not, which is mounted on wheels.
   82         (e)(b) “Vessel” means every description of watercraft,
   83  barge, and airboat used or capable of being used as a means of
   84  transportation on water, other than a seaplane or a “documented
   85  vessel” as defined in s. 327.02.
   86         (c)“Towing-storage operator” means a person who regularly
   87  engages in the business of transporting vehicles or vessels by
   88  wrecker, tow truck, or car carrier.
   89         (f)(c) “Wrecker” means any truck or other vehicle that
   90  which is used to tow, carry, or otherwise transport motor
   91  vehicles or vessels upon the streets and highways of this state
   92  and which is equipped for that purpose with a boom, winch, car
   93  carrier, or other similar equipment.
   94         (b)(d) “National Motor Vehicle Title Information System”
   95  means the federally authorized electronic National Motor Vehicle
   96  Title Information System.
   97         (a)(e) “Equivalent commercially available system” means a
   98  service that charges a fee to provide vehicle information and
   99  that at a minimum maintains records from those states
  100  participating in data sharing with the National Motor Vehicle
  101  Title Information System.
  102         (2)(a)Whenever A towing-storage operator may charge only
  103  the following fees for, or incidental to, the recovery, removal,
  104  or storage of a vehicle or vessel:
  105         1.Any reasonable fee for service specifically authorized
  106  by ordinance, resolution, regulation, or rule of the county or
  107  municipality in which the service is performed.
  108         2.Any reasonable fee for service specifically authorized
  109  by contract or agreement between a towing-storage operator and a
  110  county, municipality, or other governmental agency.
  111         3.Any reasonable fee for service specifically authorized
  112  by rule of the Department of Highway Safety and Motor Vehicles.
  113         4.Any reasonable fee for service as agreed upon in writing
  114  between a towing-storage operator and the owner of a vehicle or
  115  vessel.
  116         5.Any lien release administrative fee as set forth in
  117  paragraph (15)(a).
  118         6.Any reasonable administrative fee or charge imposed by a
  119  county or municipality pursuant to s. 125.01047, s. 166.04465,
  120  or s. 323.002 upon the registered owner or other legally
  121  authorized person in control of a vehicle or vessel.
  122         (b)If a towing-storage operator person regularly engaged
  123  in the business of transporting vehicles or vessels by wrecker,
  124  tow truck, or car carrier recovers, removes, or stores a vehicle
  125  or vessel upon instructions from:
  126         1.(a) The owner thereof;
  127         2.(b) The owner or lessor, or a person authorized by the
  128  owner or lessor, of property on which such vehicle or vessel is
  129  wrongfully parked, and the removal is done in compliance with s.
  130  715.07;
  131         3.(c) The landlord or a person authorized by the landlord,
  132  when such motor vehicle or vessel remained on the premises after
  133  the tenancy terminated and the removal is done in compliance
  134  with s. 83.806 or s. 715.104; or
  135         4.(d) Any law enforcement agency, county, or municipality,
  136  
  137  she or he shall have a lien on the vehicle or vessel for a
  138  reasonable towing fee, for a reasonable administrative fee or
  139  charge imposed by a county or municipality, and for a reasonable
  140  storage fee; except that a storage fee may not be charged if the
  141  vehicle or vessel is stored for fewer than 6 hours.
  142         (4)(a) A towing-storage operator person regularly engaged
  143  in the business of recovering, towing, or storing vehicles or
  144  vessels who comes into possession of a vehicle or vessel
  145  pursuant to paragraph (2)(b) subsection (2), and who claims a
  146  lien for recovery, towing, or storage services, must shall give
  147  notice, by certified mail, pursuant to subsection (16), to the
  148  registered owner, the insurance company insuring the vehicle
  149  notwithstanding s. 627.736, and all persons claiming a lien
  150  thereon, as disclosed by the records in the Department of
  151  Highway Safety and Motor Vehicles or as disclosed by the records
  152  of any corresponding agency in any other state in which the
  153  vehicle is identified through a records check of the National
  154  Motor Vehicle Title Information System or an equivalent
  155  commercially available system as being titled or registered.
  156         (b) Whenever a law enforcement agency authorizes the
  157  removal of a vehicle or vessel or whenever a towing service,
  158  garage, repair shop, or automotive service, storage, or parking
  159  place notifies the law enforcement agency of possession of a
  160  vehicle or vessel pursuant to s. 715.07(2)(a)2., if an approved
  161  third-party service cannot obtain the vehicle’s or vessel’s
  162  owner, lienholder, and insurer information or last state of
  163  record pursuant to subsection (16), the law enforcement agency
  164  of the jurisdiction where the vehicle or vessel is stored shall
  165  contact the Department of Highway Safety and Motor Vehicles, or
  166  the appropriate agency of the state of registration, if known,
  167  within 24 hours through the medium of electronic communications,
  168  giving the full description of the vehicle or vessel. Upon
  169  receipt of the full description of the vehicle or vessel, the
  170  department shall search its files to determine the owner’s name,
  171  the insurance company insuring the vehicle or vessel, and
  172  whether any person has filed a lien upon the vehicle or vessel
  173  as provided in s. 319.27(2) and (3) and notify the applicable
  174  law enforcement agency within 72 hours. The person in charge of
  175  the towing service, garage, repair shop, or automotive service,
  176  storage, or parking place shall request obtain such information
  177  from the applicable law enforcement agency within 5 days after
  178  the date of storage and shall give notice pursuant to paragraph
  179  (a). The department may release the insurance company
  180  information to the requestor notwithstanding s. 627.736.
  181         (c) The notice of lien must be sent by certified mail to
  182  the registered owner, the insurance company insuring the vehicle
  183  notwithstanding s. 627.736, and all other persons claiming a
  184  lien thereon within 4 7 business days, excluding a Saturday, and
  185  Sunday, or federal legal holiday, after the date of storage of
  186  the vehicle or vessel. However, in no event shall the notice of
  187  lien be sent less than 30 days before the sale of the vehicle or
  188  vessel. The notice must state:
  189         1. If the claim of lien is for a vehicle, the last 8 digits
  190  of the vehicle identification number of the vehicle subject to
  191  the lien, or, if the claim of lien is for a vessel, the hull
  192  identification number of the vessel subject to the lien, clearly
  193  printed in the delivery address box and on the outside of the
  194  envelope sent to the registered owner and all other persons
  195  claiming an interest in therein or lien on the vehicle or vessel
  196  thereon.
  197         2. The name, physical address, and telephone number of the
  198  lienor, and the entity name, as registered with the Division of
  199  Corporations, of the business where the towing and storage
  200  occurred, which must also appear on the outside of the envelope
  201  sent to the registered owner and all other persons claiming an
  202  interest in or lien on the vehicle or vessel.
  203         3. The fact of possession of the vehicle or vessel.
  204         4. The name of the person or entity that authorized the
  205  lienor to take possession of the vehicle or vessel.
  206         5. That a lien as provided in paragraph (2)(b) subsection
  207  (2) is claimed.
  208         6. That charges have accrued and include an itemized
  209  statement of the amount thereof.
  210         7. That the lien is subject to enforcement under law and
  211  that the owner or lienholder, if any, has the right to a hearing
  212  as set forth in subsection (5).
  213         8. That any vehicle or vessel that remains unclaimed, or
  214  for which the charges for recovery, towing, or storage services
  215  remain unpaid, may be sold free of all prior liens 35 days after
  216  the vehicle or vessel is stored by the lienor if the vehicle or
  217  vessel is more than 3 years of age or 65 50 days after the
  218  vehicle or vessel is stored by the lienor if the vehicle or
  219  vessel is 3 years of age or less.
  220         9. The address at which the vehicle or vessel is physically
  221  located.
  222         (d) The notice of lien may not be sent to the registered
  223  owner, the insurance company insuring the vehicle or vessel, and
  224  all other persons claiming a lien thereon less than 30 days
  225  before the sale of a the vehicle or vessel that is more than 3
  226  years of age or less than 60 days before the sale of a vehicle
  227  or vessel that is 3 years of age or less.
  228         (e) If attempts to locate the name and address of the owner
  229  or lienholder prove unsuccessful, the towing-storage operator
  230  shall, after 4 7 business days, excluding a Saturday, and
  231  Sunday, or federal legal holiday, after the initial tow or
  232  storage, notify the public agency of jurisdiction where the
  233  vehicle or vessel is stored in writing by certified mail or
  234  electronic delivery acknowledged hand delivery that the towing
  235  storage company has been unable to locate the name and address
  236  of the owner or lienholder and a physical search of the vehicle
  237  or vessel has disclosed no ownership information and a good
  238  faith effort has been made, including records checks of the
  239  Department of Highway Safety and Motor Vehicles database and the
  240  National Motor Vehicle Title Information System or an equivalent
  241  commercially available system. For purposes of this paragraph
  242  and subsection (9), the term “good faith effort” means that the
  243  following checks have been performed by the company to establish
  244  the prior state of registration and for title:
  245         1. A check of the department’s database for the owner and
  246  any lienholder.
  247         2. A check of the electronic National Motor Vehicle Title
  248  Information System or an equivalent commercially available
  249  system to determine the state of registration when there is not
  250  a current registration record for the vehicle or vessel on file
  251  with the department.
  252         3. A check of the vehicle or vessel for any type of tag,
  253  tag record, temporary tag, or regular tag.
  254         4. A check of the law enforcement report for a tag number
  255  or other information identifying the vehicle or vessel, if the
  256  vehicle or vessel was towed at the request of a law enforcement
  257  officer.
  258         5. A check of the trip sheet or tow ticket of the tow truck
  259  operator to determine whether a tag was on the vehicle or vessel
  260  at the beginning of the tow, if a private tow.
  261         6. If there is no address of the owner on the impound
  262  report, a check of the law enforcement report to determine
  263  whether an out-of-state address is indicated from driver license
  264  information.
  265         7. A check of the vehicle or vessel for an inspection
  266  sticker or other stickers and decals that may indicate a state
  267  of possible registration.
  268         8. A check of the interior of the vehicle or vessel for any
  269  papers that may be in the glove box, trunk, or other areas for a
  270  state of registration.
  271         9. A check of the vehicle for a vehicle identification
  272  number.
  273         10. A check of the vessel for a vessel registration number.
  274         11. A check of the vessel hull for a hull identification
  275  number which should be carved, burned, stamped, embossed, or
  276  otherwise permanently affixed to the outboard side of the
  277  transom or, if there is no transom, to the outmost seaboard side
  278  at the end of the hull that bears the rudder or other steering
  279  mechanism.
  280         (5)(a) The owner of a vehicle or vessel removed pursuant to
  281  paragraph (2)(b) subsection (2), or any person claiming a lien,
  282  other than the towing-storage operator, within 10 days after the
  283  time she or he has knowledge of the location of the vehicle or
  284  vessel, may file a complaint in the county court of the county
  285  in which the vehicle or vessel is stored to determine whether
  286  her or his property was wrongfully taken or withheld.
  287         (6) A vehicle or vessel that is stored pursuant to
  288  paragraph (2)(b) subsection (2) and remains unclaimed, or for
  289  which reasonable charges for recovery, towing, or storing remain
  290  unpaid, and any contents not released pursuant to subsection
  291  (10), may be sold by the owner or operator of the storage space
  292  for such towing or storage charge 35 days after the vehicle or
  293  vessel is stored by the lienor if the vehicle or vessel is more
  294  than 3 years of age or 65 50 days after the vehicle or vessel is
  295  stored by the lienor if the vehicle or vessel is 3 years of age
  296  or less. The sale must shall be at public sale for cash. If the
  297  date of the sale was not included in the notice required in
  298  subsection (4), notice of the sale must shall be given to the
  299  person in whose name the vehicle or vessel is registered and to
  300  all persons claiming a lien on the vehicle or vessel as shown on
  301  the records of the Department of Highway Safety and Motor
  302  Vehicles or of any corresponding agency in any other state in
  303  which the vehicle is identified through a records check of the
  304  National Motor Vehicle Title Information System or an equivalent
  305  commercially available system as being titled. Notice of the
  306  sale must be sent by certified mail to the registered owner of
  307  the vehicle or vessel, the insurance company insuring the
  308  vehicle or vessel, and the person having the recorded lien on
  309  the vehicle or vessel at the address shown on the records of the
  310  registering agency at least 30 days before the sale of the
  311  vehicle or vessel. The notice must have clearly identified and
  312  printed, if the claim of lien is for a motor vehicle, The last 8
  313  digits of the vehicle identification number of the motor vehicle
  314  subject to the lien, or, if the claim of lien is for a vessel,
  315  the hull identification number of the vessel subject to the
  316  lien, must be clearly identified and printed in the delivery
  317  address box and on the outside of the envelope sent to the
  318  registered owner and all other persons claiming an interest in
  319  therein or lien on the vehicle or vessel thereon. The notice
  320  must be sent to the owner of the vehicle or vessel and the
  321  person having the recorded lien on the vehicle or vessel at the
  322  address shown on the records of the registering agency at least
  323  30 days before the sale of the vehicle or vessel. The notice
  324  must state the name, physical address, and telephone number of
  325  the lienor, and the vehicle identification number if the claim
  326  of lien is for a vehicle or the hull identification number if
  327  the claim of lien is for a vessel, all of which must also appear
  328  in the return address section on the outside of the envelope
  329  containing the notice of sale. After diligent search and
  330  inquiry, if the name and address of the registered owner or the
  331  owner of the recorded lien cannot be ascertained, the
  332  requirements of notice by mail may be dispensed with. In
  333  addition to the notice by mail, public notice of the time and
  334  place of sale must shall be made by publishing a notice thereof
  335  one time, at least 20 10 days before the date of the sale, in a
  336  newspaper of general circulation in the county in which the sale
  337  is to be held. The proceeds of the sale, after payment of
  338  reasonable towing and storage charges, and costs of the sale, in
  339  that order of priority, must shall be deposited with the clerk
  340  of the circuit court for the county if the owner or lienholder
  341  is absent, and the clerk shall hold such proceeds subject to the
  342  claim of the owner or lienholder legally entitled thereto. The
  343  clerk is shall be entitled to receive 5 percent of such proceeds
  344  for the care and disbursement thereof. The certificate of title
  345  issued under this section this law shall be discharged of all
  346  liens unless otherwise provided by court order. The owner or
  347  lienholder may file a complaint after the vehicle or vessel has
  348  been sold in the county court of the county in which it is
  349  stored. Upon determining the respective rights of the parties,
  350  the court may award damages, attorney fees, and costs in favor
  351  of the prevailing party.
  352         (9) Failure to make good faith efforts to substantially
  353  comply with the notice requirements of this section or precludes
  354  the imposition of any storage charges against the vehicle or
  355  vessel. If a lienor fails to provide notice to a person claiming
  356  a lien on a vehicle or vessel in accordance with subsection (4)
  357  precludes the imposition of storage charges against the vehicle
  358  or vessel, the lienor may not charge the person for more than 4
  359  7 days of storage, but such failure does not affect charges made
  360  for towing the vehicle or vessel or the priority of liens on the
  361  vehicle or vessel.
  362         (10) A towing-storage operator Persons who provide services
  363  pursuant to this section shall permit vehicle or vessel owners,
  364  including rental vehicle or vessel owners, lienholders,
  365  insurance company representatives, or their agents, which agency
  366  is evidenced by an original writing acknowledged by the owner
  367  before a notary public or other person empowered by law to
  368  administer oaths, to inspect the towed vehicle or vessel and
  369  shall release to the owner, lienholder, or agent the vehicle,
  370  vessel, or all personal property not affixed to the vehicle or
  371  vessel which was in the vehicle or vessel at the time the
  372  vehicle or vessel came into the custody of the towing-storage
  373  operator. A towing-storage operator must allow vehicle or vessel
  374  owners, rental vehicle or vessel owners, lienholders, insurance
  375  company representatives, or their agents to inspect the towed
  376  vehicle or vessel during normal business hours within 30 minutes
  377  after their arrival at the storage site where the vehicle or
  378  vessel is stored. A photocopy of an agency agreement is
  379  sufficient evidence of agency. A rental vehicle or vessel
  380  agreement is not evidence that the person who rented a vehicle
  381  or vessel is an agent of the rental vehicle or vessel owner.
  382  Towing-storage operators must accept a photocopy of a contract,
  383  an electronic title, or a paper title as evidence of a person’s
  384  interest in a vehicle or vessel person providing such services.
  385         (11)(a) A towing-storage operator Any person regularly
  386  engaged in the business of recovering, towing, or storing
  387  vehicles or vessels who comes into possession of a vehicle or
  388  vessel pursuant to paragraph (2)(b) subsection (2) and who has
  389  complied with the provisions of subsections (4) (3) and (6),
  390  when such vehicle or vessel is to be sold for purposes of being
  391  dismantled, destroyed, or changed in such manner that it is not
  392  the motor vehicle or vessel described in the certificate of
  393  title, must shall report the vehicle to the National Motor
  394  Vehicle Title Information System and apply to the Department of
  395  Highway Safety and Motor Vehicles for a certificate of
  396  destruction. A certificate of destruction, which authorizes the
  397  dismantling or destruction of the vehicle or vessel described
  398  therein, is shall be reassignable a maximum of two times before
  399  dismantling or destruction of the vehicle is shall be required,
  400  and must shall accompany the vehicle or vessel for which it is
  401  issued, when such vehicle or vessel is sold for such purposes,
  402  in lieu of a certificate of title. The application for a
  403  certificate of destruction must include proof of reporting to
  404  the National Motor Vehicle Title Information System and an
  405  affidavit from the applicant that she or he it has complied with
  406  all applicable requirements of this section and, if the vehicle
  407  or vessel is not registered in this state or any other state, by
  408  a statement from a law enforcement officer that the vehicle or
  409  vessel is not reported stolen, and must shall be accompanied by
  410  such documentation as may be required by the department.
  411         (12)(a) Any person who violates paragraph (2)(b) any
  412  provision of subsection (1), subsection (2), subsection (4),
  413  subsection (5), subsection (6), or subsection (7) is guilty of a
  414  misdemeanor of the first degree, punishable as provided in s.
  415  775.082 or s. 775.083.
  416         (13)(a) Upon receipt by the Department of Highway Safety
  417  and Motor Vehicles of written notice from a wrecker operator who
  418  claims a wrecker operator’s lien under subparagraph (2)(b)4.
  419  paragraph (2)(d) for recovery, towing, or storage of an
  420  abandoned vehicle or vessel upon instructions from any law
  421  enforcement agency, for which a certificate of destruction has
  422  been issued under subsection (11) and the vehicle has been
  423  reported to the National Motor Vehicle Title Information System,
  424  the department shall place the name of the registered owner of
  425  that vehicle or vessel on the list of those persons who may not
  426  be issued a license plate or revalidation sticker for any motor
  427  vehicle under s. 320.03(8). If the vehicle or vessel is owned
  428  jointly by more than one person, the name of each registered
  429  owner must shall be placed on the list. The notice of wrecker
  430  operator’s lien must shall be submitted on forms provided by the
  431  department and, which must include:
  432         1. The name, address, and telephone number of the wrecker
  433  operator.
  434         2. The name of the registered owner of the vehicle or
  435  vessel and the address to which the wrecker operator provided
  436  notice of the lien to the registered owner under subsection (4).
  437         3. A general description of the vehicle or vessel,
  438  including its color, make, model, body style, and year.
  439         4. The vehicle identification number (VIN); registration
  440  license plate number, state, and year; validation decal number,
  441  state, and year; vessel registration number; hull identification
  442  number; or other identification number, as applicable.
  443         5. The name of the person or the corresponding law
  444  enforcement agency that requested that the vehicle or vessel be
  445  recovered, towed, or stored.
  446         6. The amount of the wrecker operator’s lien, not to exceed
  447  the amount allowed by paragraph (b).
  448         (b) For purposes of this subsection only, the amount of the
  449  wrecker operator’s lien for which the department will prevent
  450  issuance of a license plate or revalidation sticker may not
  451  exceed the amount of the charges for recovery, towing, and
  452  storage of the vehicle or vessel for 7 days. These charges may
  453  not exceed the maximum rates imposed by the ordinances of the
  454  respective county or municipality under ss. 125.0103(1)(c) and
  455  166.043(1)(c). This paragraph does not limit the amount of a
  456  wrecker operator’s lien claimed under paragraph (2)(b)
  457  subsection (2) or prevent a wrecker operator from seeking civil
  458  remedies for enforcement of the entire amount of the lien, but
  459  limits only that portion of the lien for which the department
  460  will prevent issuance of a license plate or revalidation
  461  sticker.
  462         (d) Upon discharge of the amount of the wrecker operator’s
  463  lien allowed by paragraph (b), the wrecker operator must issue a
  464  certificate of discharged wrecker operator’s lien on forms
  465  provided by the department to each registered owner of the
  466  vehicle or vessel attesting that the amount of the wrecker
  467  operator’s lien allowed by paragraph (b) has been discharged.
  468  Upon presentation of the certificate of discharged wrecker
  469  operator’s lien by the registered owner, the department must
  470  shall immediately remove the registered owner’s name from the
  471  list of those persons who may not be issued a license plate or
  472  revalidation sticker for any motor vehicle under s. 320.03(8),
  473  thereby allowing issuance of a license plate or revalidation
  474  sticker. Issuance of a certificate of discharged wrecker
  475  operator’s lien under this paragraph does not discharge the
  476  entire amount of the wrecker operator’s lien claimed under
  477  paragraph (2)(b) subsection (2), but only certifies to the
  478  department that the amount of the wrecker operator’s lien
  479  allowed by paragraph (b), for which the department will prevent
  480  issuance of a license plate or revalidation sticker, has been
  481  discharged.
  482         (18)For at least 3 years, a towing-storage operator must
  483  retain records produced for all vehicles or vessels recovered,
  484  towed, stored, or released, which records, at a minimum, include
  485  all of the following:
  486         (a)All notice publications and certified mailings.
  487         (b)The purchase price of any unclaimed vehicle or vessel
  488  sold.
  489         (c)The names and addresses of persons to which vehicles or
  490  vessels were released.
  491         (d)The names and addresses of vehicle or vessel
  492  purchasers.
  493         (e)All fees imposed under this section.
  494         (19)This section is the exclusive remedy for the placement
  495  or foreclosure of a storage lien placed on a vehicle or vessel
  496  pursuant to ss. 83.19 and 677.210.
  497         (20)(a)A towing-storage operator must accept payment for
  498  accrued charges from an authorized person listed in subsection
  499  (10) in any form from a minimum of two of the following
  500  subparagraphs:
  501         1.Cash, cashier’s check, money order, or traveler’s check.
  502         2.Bank, debit, or credit card.
  503         3.Mobile payment service, digital wallet, or other
  504  electronic payment system.
  505         (b)Any of the authorized persons listed in subsection (10)
  506  are not required to furnish more than one form of current
  507  government photo identification when payment is made in any of
  508  the forms listed in paragraph (a). Presenting one form of
  509  current government photo identification constitutes sufficient
  510  identity verification for the purposes of this subsection.
  511         Section 3. Subsection (5) is added to section 83.19,
  512  Florida Statutes, to read:
  513         83.19 Sale of property distrained.—
  514         (5)A lien on a vehicle or vessel, as those terms are
  515  defined in s. 713.78(1), of a tenant or lessee must be
  516  foreclosed pursuant to s. 713.78 and may not be foreclosed under
  517  this chapter.
  518         Section 4. Subsection (1), paragraphs (a) and (b) of
  519  subsection (4), and subsection (10) of section 83.806, Florida
  520  Statutes, are amended to read:
  521         83.806 Enforcement of lien.—An owner’s lien as provided in
  522  s. 83.805 may be satisfied as follows:
  523         (1) The tenant shall be notified by written notice
  524  delivered in person, by e-mail, or by first-class mail with a
  525  certificate of mailing to the tenant’s last known address and
  526  the last known address of the alternate contact person
  527  designated by the tenant under the rental agreement, if any, and
  528  conspicuously posted at the self-service storage facility or on
  529  the self-contained storage unit. If the owner sends notice of a
  530  pending sale of property to the tenant’s and alternate contact
  531  person’s last known e-mail address and does not receive a
  532  response, return receipt, or delivery confirmation from the same
  533  e-mail address, the owner must send notice of the sale to the
  534  tenant and alternate contact person by first-class mail with a
  535  certificate of mailing to the tenant’s and alternate contact
  536  person’s last known address before proceeding with the sale.
  537         (4) After the expiration of the time given in the notice,
  538  an advertisement of the sale or other disposition shall be
  539  published once a week for 2 consecutive weeks in a newspaper of
  540  general circulation in the area where the self-service storage
  541  facility or self-contained storage unit is located.
  542         (a) A lien sale may be conducted on a public website that
  543  customarily conducts personal property auctions. The facility or
  544  unit owner is not required to hold a license to post property
  545  for online sale. Inasmuch As any sale may involve property of
  546  more than one tenant, a single advertisement may be used to
  547  dispose of property at any one sale.
  548         (b) The advertisement shall include:
  549         1. A brief and general description of what is believed to
  550  constitute the personal property contained in the storage unit,
  551  as provided in paragraph (2)(b).
  552         2. The address of the self-service storage facility or the
  553  address where the self-contained storage unit is located and the
  554  name of the tenant.
  555         3. The time, place, and manner of the sale or other
  556  disposition. The sale or other disposition shall take place at
  557  least 10 15 days after the first publication.
  558         (10)(a) If a lien is claimed on property that is a motor
  559  vehicle or vessel a watercraft and rent and other charges
  560  related to the property remain unpaid or unsatisfied for 60 days
  561  after the maturity of the obligation to pay the rent and other
  562  charges, the facility or unit owner may sell the property
  563  pursuant to this section or have the property towed.
  564         (b)If a facility or unit owner intends to sell the vehicle
  565  or vessel, the facility or unit owner must conduct a check of
  566  records with the Department of Highway Safety and Motor
  567  Vehicles. In the event that no current registration is found in
  568  the search, the facility or unit owner must conduct a search
  569  through the National Motor Vehicle Title Information System or
  570  an equivalent commercially available system. If a person
  571  claiming a lien is not identified in either search, the property
  572  may be sold by the facility or unit owner pursuant to this
  573  section. The facility or unit owner must send a notice of lien
  574  by certified mail to all persons claiming a lien at least 30
  575  days before the date of the sale. The notice must state all of
  576  the following:
  577         1. The make, model and last 8 digits of the vehicle
  578  identification number of the vehicle subject to the lien, or, if
  579  the claim of lien is for a vessel, the hull identification
  580  number of the vessel subject to the lien. Such information must
  581  be clearly printed in the delivery address box and on the
  582  outside of the envelope sent to the registered owner and all
  583  other persons claiming an interest therein or a lien thereon.
  584         2. The name, physical address, and telephone number of the
  585  facility or unit owner, and the entity name, as registered with
  586  the Division of Corporations, of the business where the vehicle
  587  or vessel is stored, which must also appear on the outside of
  588  the envelope sent to all persons claiming a lien on the vehicle
  589  or vessel.
  590         3. The fact of possession of the vehicle or vessel.
  591         4. The name of the person or entity listed as tenant in the
  592  rental agreement.
  593         5. That a lien is claimed.
  594         6.That charges have accrued and give an itemized statement
  595  of the amount thereof.
  596         7. That any vehicle or vessel that remains unclaimed may be
  597  sold free of all prior liens 30 days after notification is sent.
  598         8. The address at which the vehicle or vessel is physically
  599  located.
  600         (c)At any time before the proposed or scheduled date of
  601  sale of a vehicle or vessel, a person claiming an interest
  602  therein or lien thereon may request to inspect the vehicle or
  603  vessel. The facility or unit owner must make the vehicle or
  604  vessel available for inspection during regular business hours
  605  within 3 business days after receiving a written request to
  606  inspect the vehicle or vessel.
  607         (d)At any time before the sale of the vehicle or vessel, a
  608  person of record claiming a lien against the vehicle or vessel
  609  may have her or his vehicle or vessel released upon posting with
  610  the clerk of the court in the county in which the vehicle or
  611  vessel is held a cash or surety bond or other adequate security
  612  equal to the amount of the storage charges and administrative
  613  fees required to ensure the payment of such charges in the event
  614  she or he does not prevail. A particular form for posting the
  615  bond is not required unless the clerk provides such form to the
  616  customer or person for filing. Upon the posting of the bond and
  617  the payment of the applicable fee set forth in s. 28.24, the
  618  clerk of the court shall automatically issue a certificate
  619  notifying the owner of the storage facility of the posting of
  620  the bond and directing the owner to release the vehicle or
  621  vessel to the person of record claiming a lien against the
  622  vehicle or vessel. The certificate must be presented during
  623  regular business hours. The owner of the storage facility, or an
  624  employee or agent thereof who is authorized to release the
  625  vehicle or vessel and who, upon receiving a copy of a
  626  certificate giving notice of the posting of the bond in the
  627  required amount and directing release of the vehicle or vessel,
  628  fails to release or return the property to the person of record
  629  claiming a lien pursuant to this section commits a misdemeanor
  630  of the second degree, punishable as provided in s. 775.082 or s.
  631  775.083.
  632         (e)The person of record claiming a lien against a motor
  633  vehicle or vessel has 30 days from the issuance of the
  634  certificate by the clerk to file a lawsuit to determine the
  635  validity of the storage charges. Upon determining the respective
  636  rights of the parties under this section, the court may award
  637  damages, attorney fees, and costs in favor of the prevailing
  638  party. Upon failure of the party posting the bond to timely file
  639  suit and a request by the owner of the storage facility, the
  640  clerk shall release the cash or surety bond to the owner of the
  641  storage facility.
  642         (f)Failure to make good faith efforts to comply with the
  643  notice requirements of this section precludes the imposition of
  644  any storage charges against the vehicle or vessel.
  645         (g)A copy of the notice of sale, proof of notice mailed to
  646  any person claiming a lien as required herein, and proof of the
  647  required check of the records of the Department of Highway
  648  Safety and Motor Vehicles and the National Motor Vehicle Title
  649  Information System or an equivalent commercially available
  650  system, if applicable, shall constitute satisfactory proof for
  651  application to the Department of Highway Safety and Motor
  652  Vehicles for transfer of title, together with any other proof
  653  required by any rules and regulations of the department.
  654         (h) If a motor vehicle or vessel watercraft is towed, the
  655  facility or unit owner is not liable for the motor vehicle or
  656  vessel watercraft or any damages to the motor vehicle or vessel
  657  watercraft once a wrecker takes possession of the property. The
  658  wrecker taking possession of the property must comply with all
  659  notification and sale requirements provided in s. 713.78.
  660         Section 5. Subsection (4) is added to section 83.808,
  661  Florida Statutes, to read:
  662         83.808 Contracts.—
  663         (4) A rental agreement must contain a provision that
  664  authorizes the tenant to designate an optional alternate contact
  665  person. The alternate contact person may be contacted only for
  666  purposes of providing notice under s. 83.806(1) or as otherwise
  667  authorized by the rental agreement. Designating an alternate
  668  contact person does not give such person an interest in the
  669  contents stored at the self-service storage facility or in the
  670  self-contained storage unit.
  671         Section 6. Subsection (10) is added to section 677.210,
  672  Florida Statutes, to read:
  673         677.210 Enforcement of warehouse’s lien.—
  674         (10)A lien on a vehicle or vessel, as those terms are
  675  defined in s. 713.78(1), must be foreclosed pursuant to s.
  676  713.78 and may not be foreclosed under this chapter.
  677         Section 7. Paragraph (a) of subsection (2) of section
  678  715.07, Florida Statutes, is amended to read:
  679         715.07 Vehicles or vessels parked on private property;
  680  towing.—
  681         (2) The owner or lessee of real property, or any person
  682  authorized by the owner or lessee, which person may be the
  683  designated representative of the condominium association if the
  684  real property is a condominium, may cause any vehicle or vessel
  685  parked on such property without her or his permission to be
  686  removed by a person regularly engaged in the business of towing
  687  vehicles or vessels, without liability for the costs of removal,
  688  transportation, or storage or damages caused by such removal,
  689  transportation, or storage, under any of the following
  690  circumstances:
  691         (a) The towing or removal of any vehicle or vessel from
  692  private property without the consent of the registered owner or
  693  other legally authorized person in control of that vehicle or
  694  vessel is subject to substantial compliance with the following
  695  conditions and restrictions:
  696         1.a. Any towed or removed vehicle or vessel must be stored
  697  at a site within a 10-mile radius of the point of removal in any
  698  county of 500,000 population or more, and within a 15-mile
  699  radius of the point of removal in any county of fewer than
  700  500,000 population. That site must be open for the purpose of
  701  redemption of vehicles on any day that the person or firm towing
  702  such vehicle or vessel is open for towing purposes, from 8:00
  703  a.m. to 6:00 p.m., and, when closed, shall have prominently
  704  posted a sign indicating a telephone number where the operator
  705  of the site can be reached at all times. Upon receipt of a
  706  telephoned request to open the site to redeem a vehicle or
  707  vessel, the operator shall return to the site within 1 hour or
  708  she or he will be in violation of this section.
  709         b. If no towing business providing such service is located
  710  within the area of towing limitations set forth in sub
  711  subparagraph a., the following limitations apply: any towed or
  712  removed vehicle or vessel must be stored at a site within a 20
  713  mile radius of the point of removal in any county of 500,000
  714  population or more, and within a 30-mile radius of the point of
  715  removal in any county of fewer than 500,000 population.
  716         2. The person or firm towing or removing the vehicle or
  717  vessel shall, within 30 minutes after completion of such towing
  718  or removal, notify the municipal police department or, in an
  719  unincorporated area, the sheriff, of such towing or removal, the
  720  storage site, the time the vehicle or vessel was towed or
  721  removed, and the make, model, color, and license plate number of
  722  the vehicle or description and registration number of the vessel
  723  and shall obtain the name of the person at that department to
  724  whom such information was reported and note that name on the
  725  trip record.
  726         3. A person in the process of towing or removing a vehicle
  727  or vessel from the premises or parking lot in which the vehicle
  728  or vessel is not lawfully parked must stop when a person seeks
  729  the return of the vehicle or vessel. The vehicle or vessel must
  730  be returned upon the payment of a reasonable service fee of not
  731  more than one-half of the posted rate for the towing or removal
  732  service as provided in subparagraph 6. The vehicle or vessel may
  733  be towed or removed if, after a reasonable opportunity, the
  734  owner or legally authorized person in control of the vehicle or
  735  vessel is unable to pay the service fee. If the vehicle or
  736  vessel is redeemed, a detailed signed receipt must be given to
  737  the person redeeming the vehicle or vessel.
  738         4. A person may not pay or accept money or other valuable
  739  consideration for the privilege of towing or removing vehicles
  740  or vessels from a particular location.
  741         5. Except for property appurtenant to and obviously a part
  742  of a single-family residence, and except for instances when
  743  notice is personally given to the owner or other legally
  744  authorized person in control of the vehicle or vessel that the
  745  area in which that vehicle or vessel is parked is reserved or
  746  otherwise unavailable for unauthorized vehicles or vessels and
  747  that the vehicle or vessel is subject to being removed at the
  748  owner’s or operator’s expense, any property owner or lessee, or
  749  person authorized by the property owner or lessee, before towing
  750  or removing any vehicle or vessel from private property without
  751  the consent of the owner or other legally authorized person in
  752  control of that vehicle or vessel, must post a notice meeting
  753  the following requirements:
  754         a. The notice must be prominently placed at each driveway
  755  access or curb cut allowing vehicular access to the property
  756  within 10 feet from the road, as defined in s. 334.03(22). If
  757  there are no curbs or access barriers, the signs must be posted
  758  not fewer than one sign for each 25 feet of lot frontage.
  759         b. The notice must clearly indicate, in not fewer than 2
  760  inch high, light-reflective letters on a contrasting background,
  761  that unauthorized vehicles will be towed away at the owner’s
  762  expense. The words “tow-away zone” must be included on the sign
  763  in not fewer than 4-inch high letters.
  764         c. The notice must also provide the name and current
  765  telephone number of the person or firm towing or removing the
  766  vehicles or vessels.
  767         d. The sign structure containing the required notices must
  768  be permanently installed with the words “tow-away zone” not
  769  fewer than 3 feet and not more than 6 feet above ground level
  770  and must be continuously maintained on the property for not
  771  fewer than 24 hours before the towing or removal of any vehicles
  772  or vessels.
  773         e. The local government may require permitting and
  774  inspection of these signs before any towing or removal of
  775  vehicles or vessels being authorized.
  776         f. A business with 20 or fewer parking spaces satisfies the
  777  notice requirements of this subparagraph by prominently
  778  displaying a sign stating “Reserved Parking for Customers Only
  779  Unauthorized Vehicles or Vessels Will be Towed Away At the
  780  Owner’s Expense” in not fewer than 4-inch high, light-reflective
  781  letters on a contrasting background.
  782         g. A property owner towing or removing vessels from real
  783  property must post notice, consistent with the requirements in
  784  sub-subparagraphs a.-f., which apply to vehicles, that
  785  unauthorized vehicles or vessels will be towed away at the
  786  owner’s expense.
  787  
  788  A business owner or lessee may authorize the removal of a
  789  vehicle or vessel by a towing company when the vehicle or vessel
  790  is parked in such a manner that restricts the normal operation
  791  of business; and if a vehicle or vessel parked on a public
  792  right-of-way obstructs access to a private driveway the owner,
  793  lessee, or agent may have the vehicle or vessel removed by a
  794  towing company upon signing an order that the vehicle or vessel
  795  be removed without a posted tow-away zone sign.
  796         6. Any person or firm that tows or removes vehicles or
  797  vessels and proposes to require an owner, operator, or person in
  798  control or custody of a vehicle or vessel to pay the costs of
  799  towing and storage before redemption of the vehicle or vessel
  800  must file and keep on record with the local law enforcement
  801  agency a complete copy of the current rates to be charged for
  802  such services and post at the storage site an identical rate
  803  schedule and any written contracts with property owners,
  804  lessees, or persons in control of property which authorize such
  805  person or firm to remove vehicles or vessels as provided in this
  806  section.
  807         7. Any person or firm towing or removing any vehicles or
  808  vessels from private property without the consent of the owner
  809  or other legally authorized person in control or custody of the
  810  vehicles or vessels shall, on any trucks, wreckers as defined in
  811  s. 713.78(1) s. 713.78(1)(c), or other vehicles used in the
  812  towing or removal, have the name, address, and telephone number
  813  of the company performing such service clearly printed in
  814  contrasting colors on the driver and passenger sides of the
  815  vehicle. The name shall be in at least 3-inch permanently
  816  affixed letters, and the address and telephone number shall be
  817  in at least 1-inch permanently affixed letters.
  818         8. Vehicle entry for the purpose of removing the vehicle or
  819  vessel shall be allowed with reasonable care on the part of the
  820  person or firm towing the vehicle or vessel. Such person or firm
  821  shall be liable for any damage occasioned to the vehicle or
  822  vessel if such entry is not in accordance with the standard of
  823  reasonable care.
  824         9. When a vehicle or vessel has been towed or removed
  825  pursuant to this section, it must be released to its owner or
  826  person in control or custody within 1 hour after requested. Any
  827  vehicle or vessel owner or person in control or custody has the
  828  right to inspect the vehicle or vessel before accepting its
  829  return, and no release or waiver of any kind which would release
  830  the person or firm towing the vehicle or vessel from liability
  831  for damages noted by the owner or person in control or custody
  832  at the time of the redemption may be required from any vehicle
  833  or vessel owner or person in control or custody as a condition
  834  of release of the vehicle or vessel to its owner or person in
  835  control or custody. A detailed receipt showing the legal name of
  836  the company or person towing or removing the vehicle or vessel
  837  must be given to the person paying towing or storage charges at
  838  the time of payment, whether requested or not.
  839         Section 8. This act shall take effect July 1, 2023.