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

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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

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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.

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