The Florida Senate

713.78  Liens for recovering, towing, or storing vehicles.--

(1)  For the purposes of this section, the term:

(a)  "Vehicle" means any mobile item, whether motorized or not, which is mounted on wheels.

(b)  "Wrecker" means any truck or other vehicle which is used to tow, carry, or otherwise transport motor vehicles and which is equipped for that purpose with a boom, winch, car carrier, or other similar equipment.

(2)  Whenever a person regularly engaged in the business of transporting vehicles by wrecker, tow truck, or car carrier recovers, removes, or stores a vehicle or mobile home upon instructions from:

(a)  The owner thereof; or

(b)  The owner or lessor, or a person authorized by the owner or lessor, of property on which such vehicle is wrongfully parked, and such removal is done in compliance with s. 715.07; or

(c)  Any law enforcement agency; or

(d)  A mobile home park owner as defined in s. 723.003 who has a current writ of possession for a mobile home lot pursuant to s. 723.061,

she or he shall have a lien on such vehicle for a reasonable towing fee and for a reasonable storage fee; except that no storage fee shall be charged if such vehicle is stored for less than 6 hours.

(3)

(a)  Any person regularly engaged in the business of recovering, towing, or storing vehicles who comes into possession of a vehicle pursuant to subsection (2), and who claims a lien for recovery, towing, or storage services, shall give notice to the registered owner and to all persons claiming a lien thereon, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or of a corresponding agency in any other state.

(b)  Notice by certified mail, return receipt requested, shall be sent within 7 business days after the date of storage of the vehicle to the registered owner and to all persons of record claiming a lien against the vehicle. It shall state the fact of possession of the vehicle, that a lien as provided in subsection (2) is claimed, that charges have accrued and the amount thereof, that the lien is subject to enforcement pursuant to law, and that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (4), and that any vehicle which remains unclaimed, or for which the charges for recovery, towing, or storage services remain unpaid, may be sold in 35 days free of all prior liens.

(c)  If attempts to locate the owner or lienholder prove unsuccessful, the towing-storage operator shall, after 7 working days, excluding Saturday and Sunday, of the initial tow or storage, notify the public agency of jurisdiction in writing by certified mail or acknowledged hand delivery that the towing-storage company has been unable to locate the owner or lienholder and a physical search of the vehicle has disclosed no ownership information and a good faith effort has been made. For purposes of this paragraph, subsection (8), and s. 715.05, "good faith effort" means that the following checks have been performed by the company to establish prior state of registration and for title:

1.  Check of vehicle for any type of tag, tag record, temporary tag, or regular tag.

2.  Check of law enforcement report for tag number, if the vehicle was towed at the request of a law enforcement officer.

3.  Check of trip sheet or tow ticket of tow truck operator to see if a tag was on vehicle at beginning of tow, if private tow.

4.  If there is no address of the owner on the impound report, check of law enforcement report to see if an out-of-state address is indicated from driver license information.

5.  Check of vehicle for inspection sticker or other stickers and decals that may indicate a state of possible registration.

6.  Check of the interior of the vehicle for any papers that may be in the glove box, trunk, or other areas for a state of registration.

(4)

(a)  The owner of a vehicle removed pursuant to the provisions of subsection (2), or any person claiming a lien, other than the towing-storage operator, within 10 days after the time she or he has knowledge of the location of the vehicle, may file a complaint in the county court of the county in which the vehicle is stored or in which the owner resides to determine if her or his property was wrongfully taken or withheld from her or him.

(b)  Upon filing of a complaint, an owner or lienholder may have her or his vehicle released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing or storage and lot rental amount to ensure the payment of such charges in the event she or he does not prevail. Upon the posting of the bond and the payment of the applicable fee set forth in s. 28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the vehicle. At the time of such release, after reasonable inspection, she or he shall give a receipt to the towing-storage company reciting any claims she or he has for loss or damage to the vehicle or the contents thereof.

(c)  Upon determining the respective rights of the parties, the court may award damages and costs in favor of the prevailing party. In any event, the final order shall provide for immediate payment in full of recovery, towing, and storage fees by the vehicle owner or lienholder; or the agency ordering the tow; or the owner, lessee, or agent thereof of the property from which the vehicle was removed.

(5)  Any vehicle which is stored pursuant to subsection (2) and which remains unclaimed, or for which reasonable charges for recovery, towing, or storing remain unpaid or for which a lot rental amount is due and owing to the mobile home park owner, as evidenced by a judgment for unpaid rent, and any contents not released pursuant to subsection (9), may be sold by the owner or operator of the storage space for such towing or storage charge or unpaid lot rental amount after 35 days from the time the vehicle is stored therein. The sale shall be at public auction for cash. If the date of the sale was not included in the notice required in subsection (3), notice of the sale shall be given to the person in whose name the vehicle or mobile home is registered, to the mobile home park owner, and to all persons claiming a lien on the vehicle as shown on the records of the Department of Highway Safety and Motor Vehicles or of the corresponding agency in any other state. Notice shall be sent by certified mail, return receipt requested, to the owner of the vehicle and the person having the recorded lien on the vehicle at the address shown on the records of the registering agency and shall be mailed not less than 15 days before the date of the sale. After diligent search and inquiry, if the name and address of the registered owner or the owner of the recorded lien cannot be ascertained, the requirements of notice by mail may be dispensed with. In addition to the notice by mail, public notice of the time and place of sale shall be made by publishing a notice thereof one time, at least 10 days prior to the date of the sale, in a newspaper of general circulation in the county in which the sale is to be held. The proceeds of the sale, after payment of reasonable towing and storage charges, costs of the sale, and the unpaid lot rental amount, in that order of priority, shall be deposited with the clerk of the circuit court for the county if the owner is absent, and the clerk shall hold such proceeds subject to the claim of the person legally entitled thereto. The clerk shall be entitled to receive 5 percent of such proceeds for the care and disbursement thereof. The certificate of title issued under this law shall be discharged of all liens unless otherwise provided by court order.

(6)  No person regularly engaged in the business of recovering, towing, or storing vehicles shall be liable for damages connected with such services, provided that they have been performed with reasonable care and provided, further, that, in the case of removal of a vehicle upon the request of a person purporting, and reasonably appearing, to be the owner or lessee, or a person authorized by the owner or lessee, of the property from which such vehicle is removed, such removal has been done in compliance with s. 715.07.

(7)  A person regularly engaged in the business of recovering, towing, or storing vehicles, except a person licensed under chapter 493 while engaged in "repossession" activities as defined in s. 493.6101, may not operate a wrecker, tow truck, or car carrier unless the name, address, and telephone number of the company performing the service is clearly printed in contrasting colors on the driver and passenger sides of its vehicle. The name must be in at least 3-inch permanently affixed letters, and the address and telephone number must be in at least 1-inch permanently affixed letters.

(8)  Failure to make good faith best efforts to comply with the notice requirements of this section shall preclude the imposition of any storage charges against such vehicle.

(9)  Persons who provide services pursuant to this section shall permit vehicle owners or their agents, which agency is evidenced by a writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths, to inspect the towed vehicle and shall release to the owner or agent all personal property not affixed to the vehicle which was in the vehicle at the time the vehicle came into the custody of the person providing such services.

(10)

(a)  Any person regularly engaged in the business of recovering, towing, or storing vehicles who comes into possession of a vehicle pursuant to subsection (2) and who has complied with the provisions of subsections (3) and (5), when such vehicle is to be sold for purposes of being dismantled, destroyed, or changed in such manner that it is not the motor vehicle or mobile home described in the certificate of title, shall apply to the county tax collector for a certificate of destruction. A certificate of destruction, which authorizes the dismantling or destruction of the vehicle described therein, shall be reassignable and shall accompany the vehicle for which it is issued, when such vehicle is sold for such purposes, in lieu of a certificate of title. The application for a certificate of destruction shall include an affidavit from the applicant that it has complied with all applicable requirements of this section and, if the vehicle is not registered in this state, by a statement from a law enforcement officer that the vehicle is not reported stolen, and shall be accompanied by such documentation as may be required by the department.

(b)  The Department of Highway Safety and Motor Vehicles shall charge a fee of $3 for each certificate of destruction. A service charge of $4.25 shall be collected and retained by the tax collector who processes the application.

(c)  The Department of Highway Safety and Motor Vehicles may adopt such rules as it deems necessary or proper for the administration of this subsection.

(11)

(a)  Any person who violates any provision of subsections (1) through (6) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)  Any person who violates the provisions of subsections (7) through (10) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  Any person who uses a false or fictitious name, gives a false or fictitious address, or makes any false statement in any application or affidavit required under the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 2, ch. 76-83; s. 1, ch. 79-206; s. 1, ch. 79-244; s. 1, ch. 79-410; s. 7, ch. 90-283; s. 2, ch. 92-148; s. 10, ch. 93-49; s. 830, ch. 97-102.