House Bill 3345c1
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Florida House of Representatives - 1998 CS/HB 3345
By the Committee on Community Affairs and Representatives
Lacasa, Constantine, Murman and Saunders
1 A bill to be entitled
2 An act relating to regulation of wrecker
3 operators and persons immobilizing vehicles;
4 amending s. 1.01, F.S.; defining the term
5 "wrecker operator"; providing for a law
6 enforcement officer to place a hold order on a
7 motor vehicle in a wrecker operator's storage
8 facility; prescribing conditions on such acts;
9 authorizing county and municipal wrecker
10 operator systems; prohibiting certain acts in
11 contravention of such systems; providing
12 penalties; amending ss. 125.0103 and 166.043,
13 F.S.; providing that counties must establish
14 maximum fees which may be charged for the
15 towing or immobilization of vehicles; amending
16 s. 316.193, F.S.; providing for a receipt to
17 the wrecker operator to be given at the time of
18 release of a vehicle impounded or immobilized
19 as a result of a charge of driving under the
20 influence; amending s. 321.051, F.S.; revising
21 provisions authorizing the Florida Highway
22 Patrol to establish a wrecker operator system;
23 prohibiting certain acts in contravention of
24 such system; providing penalties; amending s.
25 322.34, F.S.; revising provisions relating to
26 impoundment or immobilization of vehicles being
27 operated while the operator's license is
28 suspended, revoked, canceled, or disqualified;
29 providing for payment of accrued charges;
30 amending s. 713.78, F.S.; providing that law
31 allowing a lien for recovering, towing, or
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1 storing a vehicle does not authorize a lien for
2 immobilizing a vehicle; providing liability for
3 damages or theft in connection with a towed
4 vehicle; amending s. 319.30, F.S.; conforming a
5 cross reference; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsection (15) is added to section 1.01,
10 Florida Statutes, to read:
11 1.01 Definitions.--In construing these statutes and
12 each and every word, phrase, or part hereof, where the context
13 will permit:
14 (15) The term "wrecker operator" means any person or
15 firm regularly engaged for hire in the business of towing or
16 removing motor vehicles.
17 Section 2. Wrecker operator storage facilities;
18 vehicle holds.--
19 (1) An investigating agency may place a hold on a
20 motor vehicle stored within a wrecker operator's storage
21 facility for a period not to exceed 5 days, excluding holidays
22 and weekends, unless extended in writing.
23 (2) The investigating agency must notify the wrecker
24 operator in writing within 5 days, excluding holidays and
25 weekends, whether the hold is to be continued. If no
26 notification follows this period of time the wrecker operator
27 may release the vehicle to the designated person pursuant to
28 s. 713.78, Florida Statutes.
29 (a) If the hold is to continue beyond 5 days,
30 excluding holidays and weekends, the investigating agency may
31 have the vehicle removed to a designated impound lot, in which
2
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1 event, the vehicle will not be released by the investigating
2 agency to the owner or lienholder of the vehicle until proof
3 of payment of the towing and storage charges incurred by the
4 wrecker operator is presented to the investigating agency.
5 (b) If the investigating agency chooses to have the
6 vehicle remain at the wrecker operator's storage facility
7 beyond 5 days, excluding holidays and weekends, pursuant to
8 the written notification, the investigating agency shall be
9 responsible for payment of the storage charges incurred by the
10 wrecker operator for the requested extended period. In such an
11 event, the owner or lienholder shall be responsible for
12 payment of accrued towing and storage charges for the first 5
13 days, excluding holidays and weekends, or any period less than
14 the first 5 days, excluding holidays and weekends, when the
15 investigating agency either moves the vehicle from the wrecker
16 operator's storage facility to a designated impound lot or
17 provides written notification to extend the hold on the
18 vehicle prior to the expiration of the 5 days, excluding
19 holidays and weekends.
20 (c) The towing and storage rates for the owner or
21 lienholder of the held vehicle shall not exceed the rates for
22 the investigating agency.
23 (3) If there is a judicial finding of no probable
24 cause for having continued the immobilization or impoundment,
25 the investigating agency ordering the hold must pay the
26 accrued charges for any towing and storage.
27 (4) The requirements for a written hold applies when
28 the following conditions are present:
29 (a) The officer has probable cause to believe the
30 vehicle should be seized and forfeited under the Florida
31
3
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1 Contraband Forfeiture Act, ss. 932.701-932.704, Florida
2 Statutes;
3 (b) The officer has probable cause to believe the
4 vehicle should be seized and forfeited under s. 372.312,
5 Florida Statutes;
6 (c) The officer has probable cause to believe the
7 vehicle was used as the means of committing a crime;
8 (d) The officer has probable cause to believe that the
9 vehicle is itself evidence that tends to show that a crime has
10 been committed or that the vehicle contains evidence, which
11 cannot readily be removed, which tends to show that a crime
12 has been committed;
13 (e) The officer has probable cause to believe the
14 vehicle was involved in a traffic accident resulting in death
15 or personal injury and should be sealed for investigation and
16 collection of evidence by a vehicular homicide investigator;
17 (f) The vehicle is impounded or immobilized pursuant
18 to s. 316.193 or s. 322.34, Florida Statutes; or
19 (g) The officer is complying with a court order.
20 (4) The hold must be in writing and must specify:
21 (a) The name and agency of the law enforcement officer
22 placing the hold on the vehicle;
23 (b) The date and time the hold is placed on the
24 vehicle;
25 (c) A general description of the vehicle including its
26 color, make, model, body style, and year; VIN (Vehicle
27 Identification Number); registration license plate number,
28 state, and year; and validation sticker number, state, and
29 year;
30 (d) The specific reason for placing the hold;
31 (e) The condition of the vehicle;
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1 (f) The location where the vehicle is being held; and
2 (g) The name, address, and telephone number of the
3 wrecker operator and the storage facility.
4 (5) A wrecker operator's storage facility must comply
5 with a hold placed by a law enforcement officer, including
6 instructions for inside or outside storage. A wrecker
7 operator's storage facility may not release a motor vehicle
8 subject to a hold to any person except as directed by the law
9 enforcement agency placing the hold.
10 (6) When a vehicle owner is found guilty of, or pleads
11 nolo contendere to, the offense that resulted in a hold being
12 placed on his or her vehicle, regardless of the adjudication
13 of guilt, the owner must pay the accrued towing and storage
14 charges assessed against the vehicle.
15 Section 3. County and municipal wrecker operator
16 systems; penalties for operation outside of system.--
17 (1) As used in this section, the term:
18 (a) "Authorized wrecker operator" means any wrecker
19 operator who has been designated as part of the wrecker
20 operator system established by the governmental unit having
21 jurisdiction over the scene of a wrecked or disabled vehicle.
22 (b) "Unauthorized wrecker operator" means any wrecker
23 operator who has not been designated as part of the wrecker
24 operator system established by the governmental unit having
25 jurisdiction over the scene of a wrecked or disabled vehicle.
26 (c) "Wrecker operator system" means a system for the
27 towing or removal of wrecked, disabled, or abandoned vehicles,
28 similar to the Florida Highway Patrol wrecker operator system
29 described in s. 321.051(2), Florida Statutes, under which a
30 county or municipality contracts with one or more wrecker
31 operators for the towing or removal of wrecked, disabled, or
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1 abandoned vehicles from accident scenes, streets, or highways.
2 A wrecker operator system shall include using a method for
3 apportioning the towing assignments among the eligible wrecker
4 operators through the creation of geographic zones, a rotation
5 schedule, or a combination of these methods.
6 (2) In any county or municipality that operates a
7 wrecker operator system:
8 (a) It is unlawful for an unauthorized wrecker
9 operator or its employees or agents to monitor police radio
10 for communications between patrol field units and the
11 dispatcher in order to determine the location of a wrecked or
12 disabled vehicle for the purpose of driving by the scene of
13 such vehicle in a manner described in paragraph (b) or
14 paragraph (c). Any person who violates this paragraph is
15 guilty of a noncriminal violation, punishable as provided in
16 s. 775.083, Florida Statutes.
17 (b) It is unlawful for an unauthorized wrecker
18 operator to drive by the scene of a wrecked or disabled
19 vehicle before the arrival of an authorized wrecker operator,
20 initiate contact with the owner or operator of such vehicle by
21 soliciting or offering towing services, and tow such vehicle.
22 Any person who violates this paragraph is guilty of a
23 misdemeanor of the second degree, punishable as provided in s.
24 775.082 or s. 775.083, Florida Statutes.
25 (c) When an unauthorized wrecker operator drives by
26 the scene of a wrecked or disabled vehicle and the owner or
27 operator initiates contact by signaling the wrecker operator
28 to stop and provide towing services, the unauthorized wrecker
29 operator must disclose to the owner or operator of the vehicle
30 that he or she is not the authorized wrecker operator who has
31 been designated as part of the wrecker operator system and
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1 must disclose, in writing, what charges for towing and storage
2 will apply before the vehicle is connected to the towing
3 apparatus. Any person who violates this paragraph is guilty
4 of a misdemeanor of the second degree, punishable as provided
5 in s. 775.082 or s. 775.083, Florida Statutes.
6 (d) At the scene of a wrecked or disabled vehicle, it
7 is unlawful for a wrecker operator to falsely identify himself
8 or herself as being part of the wrecker operator system. Any
9 person who violates this paragraph is guilty of a misdemeanor
10 of the first degree, punishable as provided in s. 775.082 or
11 s. 775.083, Florida Statutes.
12 (3) This section does not prohibit, or in any way
13 prevent, the owner or operator of a vehicle involved in an
14 accident or otherwise disabled from contacting any wrecker
15 operator for the provision of towing services, whether the
16 wrecker operator is an authorized wrecker operator or not.
17 Section 4. Paragraph (b) of subsection (1) of section
18 125.0103, Florida Statutes, is amended, and paragraph (c) is
19 added to said subsection, to read:
20 125.0103 Ordinances and rules imposing price controls;
21 findings required; procedures.--
22 (1)(a) Except as hereinafter provided, no county,
23 municipality, or other entity of local government shall adopt
24 or maintain in effect an ordinance or a rule which has the
25 effect of imposing price controls upon a lawful business
26 activity which is not franchised by, owned by, or under
27 contract with, the governmental agency, unless specifically
28 provided by general law.
29 (b) The provisions of this section shall not prevent
30 the enactment by local governments of public service rates
31 otherwise authorized by law, including water, sewer, solid
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1 waste, public transportation, taxicab, towing of vehicles from
2 or immobilization of vehicles on private property, removal and
3 storage of wrecked or disabled vehicles from an accident scene
4 or for the removal and storage of vehicles, in the event the
5 owner or operator is incapacitated, unavailable, leaves the
6 procurement of wrecker service to the law enforcement officer
7 at the scene, or otherwise does not consent to the removal of
8 the vehicle, or port rates.
9 (c) Counties must establish maximum fees which may be
10 charged on the towing of vehicles from or immobilization of
11 vehicles on private property, removal and storage of wrecked
12 or disabled vehicles from an accident scene or for the removal
13 and storage of vehicles, in the event the owner or operator is
14 incapacitated, unavailable, leaves the procurement of wrecker
15 service to the law enforcement officer at the scene, or
16 otherwise does not consent to the removal of the vehicle.
17 Section 5. Paragraph (b) of subsection (1) of section
18 166.043, Florida Statutes, is amended, and paragraph (c) is
19 added to said subsection, to read:
20 166.043 Ordinances and rules imposing price controls;
21 findings required; procedures.--
22 (1)(a) Except as hereinafter provided, no county,
23 municipality, or other entity of local government shall adopt
24 or maintain in effect an ordinance or a rule which has the
25 effect of imposing price controls upon a lawful business
26 activity which is not franchised by, owned by, or under
27 contract with, the governmental agency, unless specifically
28 provided by general law.
29 (b) The provisions of this section shall not prevent
30 the enactment by local governments of public service rates
31 otherwise authorized by law, including water; sewer; solid
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1 waste; public transportation; taxicab; towing of vehicles from
2 or immobilization of vehicles on private property; removal and
3 storage of wrecked or disabled vehicles from an accident scene
4 or for the removal and storage of vehicles, in the event the
5 owner or operator is incapacitated, unavailable, leaves the
6 procurement of wrecker service to the law enforcement officer
7 at the scene, or otherwise does not consent to the removal of
8 the vehicle; or port rates.
9 (c) Counties must establish maximum fees which may be
10 charged on the towing of vehicles from or immobilization of
11 vehicles on private property, removal and storage of wrecked
12 or disabled vehicles from an accident scene or for the removal
13 and storage of vehicles, in the event the owner or operator is
14 incapacitated, unavailable, leaves the procurement of wrecker
15 service to the law enforcement officer at the scene, or
16 otherwise does not consent to the removal of the vehicle.
17 Section 6. Paragraph (d) of subsection (6) of section
18 316.193, Florida Statutes, is amended to read:
19 316.193 Driving under the influence; penalties.--
20 (6) With respect to any person convicted of a
21 violation of subsection (1), regardless of any penalty imposed
22 pursuant to subsection (2), subsection (3), or subsection (4):
23 (d) In addition to the penalty imposed under paragraph
24 (a), paragraph (b), or paragraph (c), the court shall also
25 order the impoundment or immobilization of the vehicle that
26 was driven by, or in the actual physical control of, the
27 offender, unless the court finds that the family of the owner
28 of the vehicle has no other public or private means of
29 transportation. The period of impoundment or immobilization is
30 10 days, or, for the second conviction within 3 years, 30
31 days, or, for the third conviction within 5 years, 90 days and
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1 may not be concurrent with probation or imprisonment. If the
2 vehicle is leased or rented, the period of impoundment or
3 immobilization may not extend beyond the expiration of the
4 lease or rental agreement. Within 7 business days after the
5 date that the court issues the order of impoundment or
6 immobilization, the clerk of the court shall send notice by
7 certified mail, return receipt requested, to the registered
8 owner of the vehicle if the registered owner is a person other
9 than the offender and to each person of record claiming a lien
10 against the vehicle. All costs and fees for the impoundment or
11 immobilization, including the cost of notification, must be
12 paid by the owner of the vehicle or, if the vehicle is leased
13 or rented, by the person leasing or renting the vehicle. The
14 person who owns a vehicle that is impounded or immobilized
15 under this paragraph, or a person who has a lien of record
16 against such a vehicle, may, within 10 days after the date
17 that person has knowledge of the location of the vehicle, file
18 a complaint in the county in which the owner resides to
19 determine whether the vehicle was wrongfully taken or withheld
20 from the owner or lienholder. Upon the filing of a complaint,
21 the owner or lienholder may have the vehicle released by
22 posting with the court a bond or other adequate security equal
23 to the amount of the costs and fees for impoundment or
24 immobilization, including towing or storage, to ensure the
25 payment of such costs and fees if the owner or lienholder does
26 not prevail. When the bond is posted and the fee is paid as
27 set forth in s. 28.24, the clerk of the court shall issue a
28 certificate releasing the vehicle. At the time of release,
29 after reasonable inspection, the owner or lienholder must give
30 a receipt to the wrecker operator towing or storage company
31
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1 indicating any loss or damage to the vehicle or to the
2 contents of the vehicle.
3
4 For the purposes of this section, any conviction for a
5 violation of s. 327.35; a previous conviction for the
6 violation of former s. 316.1931, former s. 860.01, or former
7 s. 316.028; or a previous conviction outside this state for
8 driving under the influence, driving while intoxicated,
9 driving with an unlawful blood-alcohol level, driving with an
10 unlawful breath-alcohol level, or any other similar
11 alcohol-related or drug-related traffic offense, is also
12 considered a previous conviction for violation of this
13 section. However, in satisfaction of the fine imposed pursuant
14 to this section, the court may, upon a finding that the
15 defendant is financially unable to pay either all or part of
16 the fine, order that the defendant participate for a specified
17 additional period of time in public service or a community
18 work project in lieu of payment of that portion of the fine
19 which the court determines the defendant is unable to pay. In
20 determining such additional sentence, the court shall consider
21 the amount of the unpaid portion of the fine and the
22 reasonable value of the services to be ordered; however, the
23 court may not compute the reasonable value of services at a
24 rate less than the federal minimum wage at the time of
25 sentencing.
26 Section 7. Section 321.051, Florida Statutes, is
27 amended to read:
28 321.051 Florida Highway Patrol A wrecker operator
29 system; penalties for operation outside of system for removal
30 and storage of wrecked, disabled, or abandoned vehicles.--
31 (1) As used in this section, the term:
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1 (a) "Authorized wrecker operator" means any wrecker
2 operator who has been designated by the Division of Florida
3 Highway Patrol as part of the wrecker operator system.
4 (b) "Unauthorized wrecker operator" means any wrecker
5 operator who has not been designated by the division as part
6 of the wrecker operator system.
7 (2) The Division of Florida Highway Patrol of the
8 Department of Highway Safety and Motor Vehicles is authorized
9 to establish within areas designated by the patrol a wrecker
10 operator system using utilizing qualified, reputable wrecker
11 operators for removal and storage of wrecked or disabled
12 vehicles from an accident scene or for removal and storage of
13 abandoned vehicles, in the event the owner or operator is
14 incapacitated or unavailable or leaves the procurement of
15 wrecker service to the officer at the scene. All reputable
16 wrecker operators shall be eligible for use in the system
17 provided their equipment and drivers meet recognized safety
18 qualifications and mechanical standards set by rules of the
19 Division of Florida Highway Patrol for the size of vehicle it
20 is designed to handle. The division is authorized to limit the
21 number of wrecker operators participating in the wrecker
22 operator system, which authority shall not affect wrecker
23 operators currently participating in the system established by
24 this section. The division is authorized to establish maximum
25 rates for the towing and storage of vehicles removed at the
26 division's request, where such rates have not been set by a
27 county or municipality pursuant to s. 125.0103 or s. 166.043.
28 Such rates shall not be considered rules for the purpose of
29 chapter 120; however, the department shall establish by rule a
30 procedure for setting such rates. Any provision in chapter
31 120 to the contrary notwithstanding, a final order of the
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1 department denying, suspending, or revoking a wrecker
2 operator's participation in the system shall be reviewable in
3 the manner and within the time provided by the Florida Rules
4 of Appellate Procedure only by a writ of certiorari issued by
5 the circuit court in the county wherein such wrecker operator
6 resides shall reside.
7 (3)(a) It is unlawful for an unauthorized wrecker
8 operator or its employees or agents to monitor police radio
9 for communications between patrol field units and the
10 dispatcher in order to determine the location of a wrecked or
11 disabled vehicle for the purpose of driving by the scene of
12 such vehicle in a manner described in paragraph (b) or
13 paragraph (c). Any person who violates this paragraph is
14 guilty of a noncriminal violation, punishable as provided in
15 s. 775.083.
16 (b) It is unlawful for an unauthorized wrecker
17 operator to drive by the scene of a wrecked or disabled
18 vehicle before the arrival of the authorized wrecker operator,
19 initiate contact with the owner or operator of such vehicle by
20 soliciting or offering towing services, and tow such vehicle.
21 Any person who violates this paragraph is guilty of a
22 misdemeanor of the second degree, punishable as provided in s.
23 775.082 or s. 775.083.
24 (c) When an unauthorized wrecker operator drives by
25 the scene of a wrecked or disabled vehicle and the owner or
26 operator initiates contact by signaling the wrecker operator
27 to stop and provide towing services, the unauthorized wrecker
28 operator must disclose to the owner or operator of the vehicle
29 that he or she is not an authorized wrecker operator who has
30 been designated as part of the wrecker operator system and
31 must disclose, in writing, what charges for towing and storage
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1 will apply before the vehicle is connected to the towing
2 apparatus. Any person who violates this paragraph is guilty
3 of a misdemeanor of the second degree, punishable as provided
4 in s. 775.082 or s. 775.083.
5 (d) At the scene of a wrecked or disabled vehicle, it
6 is unlawful for a wrecker operator to falsely identify himself
7 or herself as being part of the wrecker operator system. Any
8 person who violates this paragraph is guilty of a misdemeanor
9 of the first degree, punishable as provided in s. 775.082 or
10 s. 775.083.
11 (4) This section does not prohibit, or in any way
12 prevent, the owner or operator of a vehicle involved in an
13 accident or otherwise disabled from contacting any wrecker
14 operator for the provision of towing services, whether the
15 wrecker operator is an authorized wrecker operator or not.
16 Section 8. Paragraphs (d) and (f) of subsection (8) of
17 section 322.34, Florida Statutes, are amended to read:
18 322.34 Driving while license suspended, revoked,
19 canceled, or disqualified.--
20 (8)
21 (d) Either the arresting agency or the towing service,
22 whichever is in possession of the vehicle, shall determine
23 whether any vehicle impounded or immobilized under this
24 section has been leased or if there are any persons of record
25 with a lien upon the vehicle. Either the arresting agency or
26 the towing service, whichever is in possession of the vehicle,
27 shall notify by certified mail, return receipt requested,
28 within 7 business days after the date of the immobilization or
29 impoundment of the vehicle, the registered owner and all
30 persons having a recorded lien against the vehicle telephone
31 any lessor or lienholder before 5 p.m. on the business day
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1 after the day that the vehicle has been impounded or
2 immobilized. A lessor or lienholder may then obtain the
3 vehicle, upon payment of any lawful towing or storage charges.
4 If the storage facility fails to provide timely notice to a
5 lessor or lienholder as required by this paragraph, the
6 storage facility shall be responsible for payment of any
7 towing or storage charges necessary to release the vehicle to
8 a lessor or lienholder that accrue after the notice period,
9 which charges may then be assessed against the driver of the
10 vehicle if the vehicle was lawfully impounded or immobilized.
11 (f) The owner of a vehicle that is impounded or
12 immobilized under this subsection may, within 10 days after
13 the date the owner has knowledge of the location of the
14 vehicle, file a complaint in the county in which the owner
15 resides to determine whether the vehicle was wrongfully taken
16 or withheld. Upon the filing of a complaint, the owner may
17 have the vehicle released by posting with the court a bond or
18 other adequate security equal to the amount of the costs and
19 fees for impoundment or immobilization, including towing or
20 storage, to ensure the payment of such costs and fees if the
21 owner does not prevail. When the vehicle owner does not
22 prevail on a complaint that the vehicle was wrongfully taken
23 or withheld, he or she must pay the accrued charges for the
24 immobilization or impoundment, including any towing and
25 storage charges assessed against the vehicle. When the bond is
26 posted and the fee is paid as set forth in s. 28.24, the clerk
27 of the court shall issue a certificate releasing the vehicle.
28 At the time of release, after reasonable inspection, the owner
29 must give a receipt to the towing or storage company
30 indicating any loss or damage to the vehicle or to the
31 contents of the vehicle.
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1 Section 9. Section 713.78, Florida Statutes, is
2 amended to read:
3 713.78 Liens for recovering, towing, or storing
4 vehicles.--
5 (1) For the purposes of this section, the term:
6 (a) "Vehicle" means any mobile item, whether motorized
7 or not, which is mounted on wheels.
8 (b) "Wrecker" means any truck or other vehicle which
9 is used to tow, carry, or otherwise transport motor vehicles
10 and which is equipped for that purpose with a boom, winch, car
11 carrier, or other similar equipment.
12 (2) Whenever a person regularly engaged in the
13 business of transporting vehicles by wrecker, tow truck, or
14 car carrier recovers, removes, or stores a vehicle or mobile
15 home upon instructions from:
16 (a) The owner thereof; or
17 (b) The owner or lessor, or a person authorized by the
18 owner or lessor, of property on which such vehicle is
19 wrongfully parked, and such removal is done in compliance with
20 s. 715.07; or
21 (c) Any law enforcement agency; or
22 (d) A mobile home park owner as defined in s. 723.003
23 who has a current writ of possession for a mobile home lot
24 pursuant to s. 723.061,
25
26 she or he shall have a lien on such vehicle for a reasonable
27 towing fee and for a reasonable storage fee; except that no
28 storage fee shall be charged if such vehicle is stored for
29 less than 6 hours.
30 (3) This section does not authorize any person to
31 claim a lien on a vehicle for fees or charges connected with
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1 the immobilization of such vehicle using a vehicle boot or
2 other similar device pursuant to s. 715.07.
3 (4)(a)(3)(a) Any person regularly engaged in the
4 business of recovering, towing, or storing vehicles who comes
5 into possession of a vehicle pursuant to subsection (2), and
6 who claims a lien for recovery, towing, or storage services,
7 shall give notice to the registered owner and to all persons
8 claiming a lien thereon, as disclosed by the records in the
9 Department of Highway Safety and Motor Vehicles or of a
10 corresponding agency in any other state.
11 (b) Notice by certified mail, return receipt
12 requested, shall be sent within 7 business days after the date
13 of storage of the vehicle to the registered owner and to all
14 persons of record claiming a lien against the vehicle. It
15 shall state the fact of possession of the vehicle, that a lien
16 as provided in subsection (2) is claimed, that charges have
17 accrued and the amount thereof, that the lien is subject to
18 enforcement pursuant to law, and that the owner or lienholder,
19 if any, has the right to a hearing as set forth in subsection
20 (5) (4), and that any vehicle which remains unclaimed, or for
21 which the charges for recovery, towing, or storage services
22 remain unpaid, may be sold in 35 days free of all prior liens.
23 (c) If attempts to locate the owner or lienholder
24 prove unsuccessful, the towing-storage operator shall, after 7
25 working days, excluding Saturday and Sunday, of the initial
26 tow or storage, notify the public agency of jurisdiction in
27 writing by certified mail or acknowledged hand delivery that
28 the towing-storage company has been unable to locate the owner
29 or lienholder and a physical search of the vehicle has
30 disclosed no ownership information and a good faith effort has
31 been made. For purposes of this paragraph, subsection (9)
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1 (8), and s. 715.05, "good faith effort" means that the
2 following checks have been performed by the company to
3 establish prior state of registration and for title:
4 1. Check of vehicle for any type of tag, tag record,
5 temporary tag, or regular tag.
6 2. Check of law enforcement report for tag number, if
7 the vehicle was towed at the request of a law enforcement
8 officer.
9 3. Check of trip sheet or tow ticket of tow truck
10 operator to see if a tag was on vehicle at beginning of tow,
11 if private tow.
12 4. If there is no address of the owner on the impound
13 report, check of law enforcement report to see if an
14 out-of-state address is indicated from driver license
15 information.
16 5. Check of vehicle for inspection sticker or other
17 stickers and decals that may indicate a state of possible
18 registration.
19 6. Check of the interior of the vehicle for any papers
20 that may be in the glove box, trunk, or other areas for a
21 state of registration.
22 (5)(a)(4)(a) The owner of a vehicle removed pursuant
23 to the provisions of subsection (2), or any person claiming a
24 lien, other than the towing-storage operator, within 10 days
25 after the time she or he has knowledge of the location of the
26 vehicle, may file a complaint in the county court of the
27 county in which the vehicle is stored or in which the owner
28 resides to determine if her or his property was wrongfully
29 taken or withheld from her or him.
30 (b) Upon filing of a complaint, an owner or lienholder
31 may have her or his vehicle released upon posting with the
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1 court a cash or surety bond or other adequate security equal
2 to the amount of the charges for towing or storage and lot
3 rental amount to ensure the payment of such charges in the
4 event she or he does not prevail. Upon the posting of the
5 bond and the payment of the applicable fee set forth in s.
6 28.24, the clerk of the court shall issue a certificate
7 notifying the lienor of the posting of the bond and directing
8 the lienor to release the vehicle. At the time of such
9 release, after reasonable inspection, she or he shall give a
10 receipt to the towing-storage company reciting any claims she
11 or he has for loss or damage to the vehicle or the contents
12 thereof.
13 (c) Upon determining the respective rights of the
14 parties, the court may award damages and costs in favor of the
15 prevailing party. In any event, the final order shall provide
16 for immediate payment in full of recovery, towing, and storage
17 fees by the vehicle owner or lienholder; or the agency
18 ordering the tow; or the owner, lessee, or agent thereof of
19 the property from which the vehicle was removed.
20 (6)(5) Any vehicle which is stored pursuant to
21 subsection (2) and which remains unclaimed, or for which
22 reasonable charges for recovery, towing, or storing remain
23 unpaid or for which a lot rental amount is due and owing to
24 the mobile home park owner, as evidenced by a judgment for
25 unpaid rent, and any contents not released pursuant to
26 subsection (10) (9), may be sold by the owner or operator of
27 the storage space for such towing or storage charge or unpaid
28 lot rental amount after 35 days from the time the vehicle is
29 stored therein. The sale shall be at public auction for cash.
30 If the date of the sale was not included in the notice
31 required in subsection (4) (3), notice of the sale shall be
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1 given to the person in whose name the vehicle or mobile home
2 is registered, to the mobile home park owner, and to all
3 persons claiming a lien on the vehicle as shown on the records
4 of the Department of Highway Safety and Motor Vehicles or of
5 the corresponding agency in any other state. Notice shall be
6 sent by certified mail, return receipt requested, to the owner
7 of the vehicle and the person having the recorded lien on the
8 vehicle at the address shown on the records of the registering
9 agency and shall be mailed not less than 15 days before the
10 date of the sale. After diligent search and inquiry, if the
11 name and address of the registered owner or the owner of the
12 recorded lien cannot be ascertained, the requirements of
13 notice by mail may be dispensed with. In addition to the
14 notice by mail, public notice of the time and place of sale
15 shall be made by publishing a notice thereof one time, at
16 least 10 days prior to the date of the sale, in a newspaper of
17 general circulation in the county in which the sale is to be
18 held. The proceeds of the sale, after payment of reasonable
19 towing and storage charges, costs of the sale, and the unpaid
20 lot rental amount, in that order of priority, shall be
21 deposited with the clerk of the circuit court for the county
22 if the owner is absent, and the clerk shall hold such proceeds
23 subject to the claim of the person legally entitled thereto.
24 The clerk shall be entitled to receive 5 percent of such
25 proceeds for the care and disbursement thereof. The
26 certificate of title issued under this law shall be discharged
27 of all liens unless otherwise provided by court order.
28 (7)(a)(6) A wrecker operator No person regularly
29 engaged in the business of recovering, towing, or storing
30 vehicles is not shall be liable for damages connected with
31 such services, theft of such vehicles, or theft of personal
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1 property contained in such vehicles, provided that such
2 services they have been performed with reasonable care and
3 provided, further, that, in the case of removal of a vehicle
4 upon the request of a person purporting, and reasonably
5 appearing, to be the owner or lessee, or a person authorized
6 by the owner or lessee, of the property from which such
7 vehicle is removed, such removal has been done in compliance
8 with s. 715.07. Further, a wrecker operator is not liable for
9 damage connected with such services when complying with the
10 lawful directions of a law enforcement officer to remove a
11 vehicle stopped, standing, or parked upon a street or highway
12 in such a position as to obstruct the normal movement of
13 traffic or in such a condition as to create a hazard to other
14 traffic upon the street or highway.
15 (b) For the purposes of this subsection, a wrecker
16 operator is presumed to use reasonable care to prevent the
17 theft of a vehicle or of any personal property contained in
18 such vehicle stored in the wrecker operator's storage facility
19 if all of the following apply:
20 1. The wrecker operator surrounds the storage facility
21 with a chain-link or solid-wall type fence at least 6 feet in
22 height;
23 2. The wrecker operator has illuminated the storage
24 facility with lighting of sufficient intensity to reveal
25 persons and vehicles at a distance of at least 150 feet during
26 nighttime; and
27 3. The wrecker operator uses one or more of the
28 following security methods to discourage theft of vehicles or
29 of any personal property contained in such vehicles stored in
30 the wrecker operator's storage facility:
31
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1 a. A night dispatcher or watchman remains on duty at
2 the storage facility from sunset to sunrise;
3 b. A security dog remains at the storage facility from
4 sunset to sunrise;
5 c. Security cameras or other similar surveillance
6 devices monitor the storage facility; or
7 d. A security guard service examines the storage
8 facility at least once each hour from sunset to sunrise.
9 (c) Any law enforcement agency requesting that a motor
10 vehicle be removed from an accident scene, street, or highway
11 must conduct an inventory and prepare a written record of all
12 personal property found in the vehicle before the vehicle is
13 removed by a wrecker operator. A wrecker operator is not
14 liable for the loss of personal property alleged to be
15 contained in such a vehicle when such personal property was
16 not identified on the inventory record prepared by the law
17 enforcement agency requesting the removal of the vehicle.
18 (8)(7) A person regularly engaged in the business of
19 recovering, towing, or storing vehicles, except a person
20 licensed under chapter 493 while engaged in "repossession"
21 activities as defined in s. 493.6101, may not operate a
22 wrecker, tow truck, or car carrier unless the name, address,
23 and telephone number of the company performing the service is
24 clearly printed in contrasting colors on the driver and
25 passenger sides of its vehicle. The name must be in at least
26 3-inch permanently affixed letters, and the address and
27 telephone number must be in at least 1-inch permanently
28 affixed letters.
29 (9)(8) Failure to make good faith best efforts to
30 comply with the notice requirements of this section shall
31
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1 preclude the imposition of any storage charges against such
2 vehicle.
3 (10)(9) Persons who provide services pursuant to this
4 section shall permit vehicle owners or their agents, which
5 agency is evidenced by a writing acknowledged by the owner
6 before a notary public or other person empowered by law to
7 administer oaths, to inspect the towed vehicle and shall
8 release to the owner or agent all personal property not
9 affixed to the vehicle which was in the vehicle at the time
10 the vehicle came into the custody of the person providing such
11 services.
12 (11)(a)(10)(a) Any person regularly engaged in the
13 business of recovering, towing, or storing vehicles who comes
14 into possession of a vehicle pursuant to subsection (2) and
15 who has complied with the provisions of subsections (3) and
16 (6) (5), when such vehicle is to be sold for purposes of being
17 dismantled, destroyed, or changed in such manner that it is
18 not the motor vehicle or mobile home described in the
19 certificate of title, shall apply to the county tax collector
20 for a certificate of destruction. A certificate of
21 destruction, which authorizes the dismantling or destruction
22 of the vehicle described therein, shall be reassignable and
23 shall accompany the vehicle for which it is issued, when such
24 vehicle is sold for such purposes, in lieu of a certificate of
25 title. The application for a certificate of destruction shall
26 include an affidavit from the applicant that it has complied
27 with all applicable requirements of this section and, if the
28 vehicle is not registered in this state, by a statement from a
29 law enforcement officer that the vehicle is not reported
30 stolen, and shall be accompanied by such documentation as may
31 be required by the department.
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1 (b) The Department of Highway Safety and Motor
2 Vehicles shall charge a fee of $3 for each certificate of
3 destruction. A service charge of $4.25 shall be collected and
4 retained by the tax collector who processes the application.
5 (c) The Department of Highway Safety and Motor
6 Vehicles may adopt such rules as it deems necessary or proper
7 for the administration of this subsection.
8 (12)(a)(11)(a) Any person who violates any provision
9 of subsection subsections (1), subsection (2), subsection (4),
10 subsection (5), subsection (6), or subsection (7) through (6)
11 is guilty of a misdemeanor of the first degree, punishable as
12 provided in s. 775.082 or s. 775.083.
13 (b) Any person who violates the provisions of
14 subsections (8) (7) through (11) (10) is guilty of a felony of
15 the third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084.
17 (c) Any person who uses a false or fictitious name,
18 gives a false or fictitious address, or makes any false
19 statement in any application or affidavit required under the
20 provisions of this section is guilty of a felony of the third
21 degree, punishable as provided in s. 775.082, s. 775.083, or
22 s. 775.084.
23 Section 10. Paragraph (a) of subsection (1) of section
24 319.30, Florida Statutes, is amended to read:
25 319.30 Definitions; dismantling, destruction, change
26 of identity of motor vehicle or mobile home; salvage.--
27 (1) As used in this section, the term:
28 (a) "Certificate of destruction" means the certificate
29 issued pursuant to s. 713.78(11) s. 713.78(10).
30 Section 11. This act shall take effect October 1 of
31 the year in which enacted.
24