Florida Senate - 2015                                     SB 786
       
       
        
       By Senator Evers
       
       
       
       
       
       2-01156-15                                             2015786__
    1                        A bill to be entitled                      
    2         An act relating to towing of vehicles and vessels;
    3         amending s. 715.07, F.S.; providing for removal of a
    4         vehicle or vessel by a cooperative association or a
    5         homeowners’ association; authorizing an owner or
    6         lessee of real property to have a vehicle or vessel
    7         removed from the property without certain signage
    8         under certain circumstances; requiring a notice to be
    9         attached to the vehicle or vessel and providing
   10         requirements therefor; requiring police verification
   11         and documentation of such a notice and requirements
   12         therefor; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 715.07, Florida Statutes, is amended to
   17  read:
   18         715.07 Vehicles or vessels parked on private property;
   19  towing.—
   20         (1) As used in this section, the term:
   21         (a) “Vehicle” means a any mobile item that which normally
   22  uses wheels, whether motorized or not.
   23         (b) “Vessel” means every description of watercraft, barge,
   24  and airboat used or capable of being used as a means of
   25  transportation on water, other than a seaplane or a “documented
   26  vessel” as defined in s. 327.02.
   27         (2) The owner or lessee of real property, or a any person
   28  authorized by the owner or lessee, which person may be the
   29  designated representative of the condominium association if the
   30  real property is a condominium, the designated representative of
   31  the cooperative association if the real property is a
   32  cooperative, or the designated representative of the homeowners’
   33  association if the real property is owned by a homeowners’
   34  association, may cause a any vehicle or vessel parked on such
   35  property without her or his permission to be removed by a person
   36  regularly engaged in the business of towing vehicles or vessels,
   37  without liability for the costs of removal, transportation, or
   38  storage or damages caused by such removal, transportation, or
   39  storage, under any of the following circumstances:
   40         (a) The towing or removal of a any vehicle or vessel from
   41  private property without the consent of the registered owner or
   42  other legally authorized person in control of that vehicle or
   43  vessel is subject to strict compliance with the following
   44  conditions and restrictions:
   45         1.a. A Any towed or removed vehicle or vessel must be
   46  stored at a site within a 10-mile radius of the point of removal
   47  in a any county with a population of 500,000 population or more
   48  or, and within a 15-mile radius of the point of removal in a any
   49  county with a population of less than 500,000 population. That
   50  site must be open for the purpose of redemption of vehicles from
   51  8 a.m. to 6 p.m. on any day that the person or firm towing such
   52  vehicle or vessel is open for towing purposes, from 8:00 a.m. to
   53  6:00 p.m., and, when closed, shall have prominently posted a
   54  sign indicating a telephone number where the operator of the
   55  site can be reached at all times. Upon receipt of a telephoned
   56  request to open the site to redeem a vehicle or vessel, the
   57  operator must shall return to the site within 1 hour or she or
   58  he will be in violation of this section.
   59         b. If no towing business providing such service is located
   60  within the area of towing limitations under set forth in sub
   61  subparagraph a., the following limitations apply: a any towed or
   62  removed vehicle or vessel must be stored at a site within a 20
   63  mile radius of the point of removal in a any county with a
   64  population of 500,000 population or more or, and within a 30
   65  mile radius of the point of removal in a any county with a
   66  population of less than 500,000 population.
   67         2. Within 30 minutes after completion of the towing or
   68  removal, the person or firm that towed or removed towing or
   69  removing the vehicle or vessel must shall, within 30 minutes
   70  after completion of such towing or removal, notify the municipal
   71  police department or, in an unincorporated area, the sheriff,
   72  of: the such towing or removal;, the storage site;, the time the
   73  vehicle or vessel was towed or removed;, and the make, model,
   74  color, and license plate number of the vehicle or description
   75  and registration number of the vessel. The person or firm and
   76  shall note on the trip record at the time of the telephone call
   77  obtain the case number, badge number, or name of the person at
   78  that department to whom such information was reported or attach
   79  the electronic receipt received from the department or office to
   80  the trip record if the notification was made by an electronic
   81  notification process approved by the police department or
   82  sheriff’s office and note that name on the trip record.
   83         3. A person in the process of towing or removing a vehicle
   84  or vessel from the premises or parking lot in which the vehicle
   85  or vessel is not lawfully parked must stop when a person seeks
   86  the return of the vehicle or vessel. The vehicle or vessel must
   87  be returned upon the payment of a reasonable service fee of not
   88  more than one-half of the posted rate for the towing or removal
   89  service as provided in subparagraph 7. 6. The vehicle or vessel
   90  may be towed or removed if, after a reasonable opportunity, the
   91  owner or legally authorized person in control of the vehicle or
   92  vessel is unable to pay the service fee. If the vehicle or
   93  vessel is redeemed, a detailed signed receipt must be given to
   94  the person redeeming the vehicle or vessel.
   95         4. A person may not pay or accept money or other valuable
   96  consideration for the privilege of towing or removing vehicles
   97  or vessels from a particular location.
   98         5. Except when the for property is appurtenant to and
   99  obviously a part of a single-family residence or, and except for
  100  instances when notice is personally given to the owner or other
  101  legally authorized person in control of the vehicle or vessel
  102  that the area in which that vehicle or vessel is parked is
  103  reserved or otherwise unavailable for unauthorized vehicles or
  104  vessels and that the vehicle or vessel is subject to being
  105  removed at the owner’s or operator’s expense, before towing or
  106  removing a vehicle or vessel from private property without the
  107  consent of the owner or other legally authorized person in
  108  control of that vehicle or vessel, a any property owner or
  109  lessee, or person authorized by the property owner or lessee,
  110  prior to towing or removing any vehicle or vessel from private
  111  property without the consent of the owner or other legally
  112  authorized person in control of that vehicle or vessel, must
  113  post a notice subject to meeting the following requirements:
  114         a. The notice must:
  115         (I) Be prominently placed at each driveway access or curb
  116  cut allowing vehicular access to the property, within 5 feet
  117  from the public right-of-way line. If there are no curbs or
  118  access barriers, the signs must be posted not less than one sign
  119  for each 25 feet of lot frontage.
  120         (II)b.The notice must Clearly indicate, in not less than
  121  2-inch high, light-reflective letters on a contrasting
  122  background, that unauthorized vehicles will be towed away at the
  123  owner’s expense. The words “tow-away zone” must be included on
  124  the sign in not less than 4-inch high letters.
  125         (III)c.The notice must also Provide the name and current
  126  telephone number of the person or firm towing or removing the
  127  vehicles or vessels.
  128         b.d. The sign structure containing the required notices
  129  must be permanently installed with the words “tow-away zone” at
  130  least not less than 3 feet but no and not more than 6 feet above
  131  ground level and must be continuously maintained on the property
  132  for at least not less than 24 hours before prior to the towing
  133  or removing a vehicle or vessel removal of any vehicles or
  134  vessels.
  135         e. The local government may require permitting and
  136  inspection of such these signs before prior to any towing or
  137  removing a vehicle or vessel is removal of vehicles or vessels
  138  being authorized.
  139         c.f. A business with 20 or fewer parking spaces satisfies
  140  the notice requirements of this subparagraph by prominently
  141  displaying a sign stating “Reserved Parking for Customers Only
  142  Unauthorized Vehicles or Vessels Will be Towed Away At the
  143  Owner’s Expense” in not less than 4-inch high, light-reflective
  144  letters on a contrasting background.
  145         d.g. A property owner towing or removing vessels from real
  146  property must post notice, consistent with the requirements in
  147  sub-subparagraphs a.-c. a.-f., which apply to vehicles, that
  148  unauthorized vehicles or vessels will be towed away at the
  149  owner’s expense.
  150         6. Notwithstanding subparagraph 5., a business owner or
  151  lessee may authorize the removal of a vehicle or vessel by a
  152  towing company when a the vehicle or vessel is parked in such a
  153  manner that restricts the normal operation of business; is and
  154  if a vehicle or vessel parked on a public right-of-way in a
  155  manner that obstructs access to a private driveway; or has been
  156  parked or stored on private property for a period exceeding 5
  157  days, the owner or, lessee, or agent of the owner or lessee, of
  158  the real property may have the vehicle or vessel removed by a
  159  towing company upon signing an order that the vehicle or vessel
  160  be removed without a posted tow-away zone sign. However, the 5
  161  day period after which the owner or lessee, or agent of the
  162  owner or lessee, of the real property may have the vehicle or
  163  vessel removed without tow-away zone signage does not begin
  164  until both of the following requirements are met:
  165         a. Such owner, lessee, or agent attaches to the vehicle or
  166  vessel with adhesive material a notice that the vehicle or
  167  vessel will be towed or removed from the property. The notice
  168  must:
  169         (I) In the case of a vehicle, be attached to the vehicle’s
  170  windshield.
  171         (II) In the case of a vessel, be attached adjacent to the
  172  vessel registration number on the left or port side of the
  173  vessel.
  174         (III) Be at least 8 inches by 10 inches in size and be
  175  sufficiently weatherproofed to withstand normal exposure to the
  176  elements.
  177         (IV) Clearly indicate the date on which the notice is
  178  posted.
  179         (V) Clearly indicate in bold letters that the vehicle or
  180  vessel will be towed or removed from the real property 5 days
  181  after the date on which a local law enforcement agency verifies
  182  and documents with a police report the notice’s compliance with
  183  this subparagraph.
  184         (VI) Provide the name and phone number of the proposed
  185  towing company.
  186         b. The local law enforcement agency is notified of the
  187  notice being posted pursuant to this subparagraph, and the local
  188  law enforcement agency verifies and documents the notice’s
  189  compliance with this subparagraph with a police report that
  190  shall be provided to the property owner and the towing company.
  191         7.6.A Any person or firm that tows or removes vehicles or
  192  vessels and proposes to require an owner, operator, or person in
  193  control of a vehicle or vessel to pay the costs of towing and
  194  storage before prior to redemption of the vehicle or vessel must
  195  file and keep on record with the local law enforcement agency a
  196  complete copy of the current rates to be charged for such
  197  services and post at the storage site an identical rate schedule
  198  and any written contracts with property owners, lessees, or
  199  persons in control of property which authorize such person or
  200  firm to remove vehicles or vessels as provided in this section.
  201         8.7.A Any person or firm towing or removing any vehicles
  202  or vessels from private property without the consent of the
  203  owner or other legally authorized person in control of the
  204  vehicles or vessels shall, on any trucks, wreckers as defined in
  205  s. 713.78(1)(c), or other vehicles used in the towing or
  206  removal, have the name, address, and telephone number of the
  207  company performing such service clearly printed in contrasting
  208  colors on the driver and passenger sides of the vehicle. The
  209  name shall be in at least 3-inch, permanently affixed letters,
  210  and the address and telephone number shall be in at least 1
  211  inch, permanently affixed letters.
  212         9.8. Vehicle entry for the purpose of removing the vehicle
  213  or vessel shall be allowed with reasonable care on the part of
  214  the person or firm towing the vehicle or vessel. Such person or
  215  firm shall be liable for any damage occasioned to the vehicle or
  216  vessel if such entry is not in accordance with the standard of
  217  reasonable care.
  218         10.9. When a vehicle or vessel has been towed or removed
  219  pursuant to this section, it must be released to its owner or
  220  custodian within 1 one hour after requested. A Any vehicle or
  221  vessel owner or agent of the owner may shall have the right to
  222  inspect the vehicle or vessel before accepting its return. A,
  223  and no release or waiver of any kind which would release the
  224  person or firm towing the vehicle or vessel from liability for
  225  damages noted by the owner or other legally authorized person at
  226  the time of the redemption may not be required from a any
  227  vehicle or vessel owner or, custodian, or agent of the owner or
  228  custodian as a condition of release of the vehicle or vessel to
  229  its owner. A detailed, signed receipt showing the legal name of
  230  the company or person towing or removing the vehicle or vessel
  231  must be given to the person paying towing or storage charges at
  232  the time of payment, whether requested or not.
  233         (b) The These requirements of this subsection are minimum
  234  standards and do not preclude enactment of additional
  235  regulations by a any municipality or county including the right
  236  to regulate rates when vehicles or vessels are towed from
  237  private property.
  238         (3) This section does not apply to law enforcement,
  239  firefighting, rescue squad, ambulance, or other emergency
  240  vehicles or vessels that are marked as such or to property owned
  241  by a any governmental entity.
  242         (4) When a person improperly causes a vehicle or vessel to
  243  be removed, such person shall be liable to the owner or lessee
  244  of the vehicle or vessel for the cost of removal,
  245  transportation, and storage; any damages resulting from the
  246  removal, transportation, or storage of the vehicle or vessel;
  247  attorney’s fees; and court costs.
  248         (5)(a) A Any person who violates subparagraph (2)(a)2. or
  249  subparagraph (2)(a)7. (2)(a)6. commits a misdemeanor of the
  250  first degree, punishable as provided in s. 775.082 or s.
  251  775.083.
  252         (b) A Any person who violates subparagraph (2)(a)1.,
  253  subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
  254  (2)(a)8. (2)(a)7., or subparagraph (2)(a)10. (2)(a)9. commits a
  255  felony of the third degree, punishable as provided in s.
  256  775.082, s. 775.083, or s. 775.084.
  257         Section 2. This act shall take effect upon becoming a law.