Senate Bill 2118

    Florida Senate - 1998                                  SB 2118

    By Senator Campbell





    33-323A-98

  1                      A bill to be entitled

  2         An act relating to fees for towing and storage

  3         of vehicles; amending s. 713.78, F.S.; limiting

  4         the fees that may be charged for towing and

  5         storing stolen vehicles; providing a cause of

  6         action; providing damages; providing for

  7         attorney's fees; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (2) of section 713.78, Florida

12  Statutes, is amended to read:

13         713.78  Liens for recovering, towing, or storing

14  vehicles.--

15         (2)  Whenever a person regularly engaged in the

16  business of transporting vehicles by wrecker, tow truck, or

17  car carrier recovers, removes, or stores a vehicle or mobile

18  home upon instructions from:

19         (a)  The owner thereof; or

20         (b)  The owner or lessor, or a person authorized by the

21  owner or lessor, of property on which such vehicle is

22  wrongfully parked, and such removal is done in compliance with

23  s. 715.07; or

24         (c)  Any law enforcement agency; or

25         (d)  A mobile home park owner as defined in s. 723.003

26  who has a current writ of possession for a mobile home lot

27  pursuant to s. 723.061,

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29  she or he shall have a lien on such vehicle for a reasonable

30  towing fee and for a reasonable storage fee; except that no

31  storage fee shall be charged if such vehicle is stored for

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2118
    33-323A-98




  1  less than 6 hours. A reasonable towing fee for towing a stolen

  2  vehicle at the request of a law enforcement agency may not

  3  exceed $45 for the first mile and $2 per mile for each

  4  additional mile. A reasonable storage fee for storing a stolen

  5  vehicle at the request of a law enforcement agency may not

  6  exceed $5 per day, and no fee may be charged until after the

  7  14th day of storage.

  8         Section 2.  The owner of a vehicle or mobile home who

  9  is charged a fee in excess of the reasonable fee prescribed in

10  section 713.78(2), Florida Statutes, has a cause of action

11  against the person towing or storing such vehicle or mobile

12  home for damages not to exceed $1,000 and for attorney's fees.

13         Section 3.  This act shall take effect upon becoming a

14  law.

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16            *****************************************

17                          SENATE SUMMARY

18    Provides that a reasonable towing fee for towing a stolen
      vehicle at the request of a law enforcement agency may
19    not exceed $45 for the first mile and $2 per mile for
      each additional mile. Provides that a reasonable storage
20    fee for storing a stolen vehicle at the request of a law
      enforcement agency may not exceed $5 per day, and no fee
21    may be charged until after the 14th day of storage. A
      person whose vehicle or mobile home is towed and stored
22    and who is charged a fee in excess of the prescribed fees
      has a cause of action for damages not to exceed $1,000
23    and for attorney's fees.

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