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House Bill 0899c1

Florida House of Representatives - 1997 CS/HB 899 By the Committee on Civil Justice & Claims and Representative Barreiro 1 A bill to be entitled 2 An act relating to vessels; amending ss. 3 125.0103 and 166.043, F.S.; authorizing 4 counties and municipalities to enact public 5 service rates for towing vessels in the same 6 manner as rates for towing vehicles; amending 7 s. 327.02, F.S.; creating definition of 8 "undocumented vessel"; amending s. 327.52, 9 F.S.; revising language with respect to maximum 10 loading and horsepower requirements for 11 specified vessels and prohibiting the operation 12 of vessels in an overloaded or overpowered 13 condition; amending s. 327.73, F.S.; creating a 14 noncriminal infraction for overloaded and 15 overpowered vessels; amending s. 713.78, F.S.; 16 creating a procedure for liens for towing and 17 storage charges on undocumented vessels in the 18 same manner as currently permitted for 19 vehicles; amending s. 715.07, F.S.; revising 20 the definition of "vehicle" to include an 21 undocumented vessel thereby permitting such a 22 vessel parked on private property without the 23 property owner's permission to be towed by a 24 wrecker; correcting a cross reference; 25 providing effective dates. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Paragraph (b) of subsection (1) of section 30 125.0103, Florida Statutes, is amended to read: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 125.0103 Ordinances and rules imposing price controls; 2 findings required; procedures.-- 3 (1) 4 (b) The provisions of this section shall not prevent 5 the enactment by local governments of public service rates 6 otherwise authorized by law, including water, sewer, solid 7 waste, public transportation, taxicab, towing of vehicles or 8 vessels from private property, removal and storage of wrecked 9 or disabled vehicles or vessels from an accident scene or for 10 the removal and storage of vehicles or vessels, in the event 11 the owner or operator is incapacitated, unavailable, leaves 12 the procurement of wrecker service to the law enforcement 13 officer at the scene, or otherwise does not consent to the 14 removal of the vehicle or vessel, or port rates. 15 Section 2. Paragraph (b) of subsection (1) of section 16 166.043, Florida Statutes, is amended to read: 17 166.043 Ordinances and rules imposing price controls; 18 findings required; procedures.-- 19 (1) 20 (b) The provisions of this section shall not prevent 21 the enactment by local governments of public service rates 22 otherwise authorized by law, including water; sewer; solid 23 waste; public transportation; taxicab; towing of vehicles or 24 vessels from private property; removal and storage of wrecked 25 or disabled vehicles or vessels from an accident scene or for 26 the removal and storage of vehicles or vessels, in the event 27 the owner or operator is incapacitated, unavailable, leaves 28 the procurement of wrecker service to the law enforcement 29 officer at the scene, or otherwise does not consent to the 30 removal of the vehicle or vessel; or port rates. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 Section 3. Subsections (36) and (37) of section 2 327.02, Florida Statutes, are renumbered as subsections (37) 3 and (38), respectively, and a new subsection (36) is added to 4 said section to read: 5 327.02 Definitions of terms used in this chapter and 6 in chapter 328.--As used in this chapter and in chapter 328, 7 unless the context clearly requires a different meaning, the 8 term: 9 (36) "Undocumented vessel" means any vessel not 10 included in the term "documented vessel" as defined in 11 subsection (8). 12 Section 4. Effective October 1, 1997, section 327.52, 13 Florida Statutes, is amended to read: 14 (Substantial rewording of section. See 15 s. 327.52, F.S., for present text.) 16 327.52 Maximum loading and horsepower.-- 17 (1) Except for sailboats, canoes, kayaks, and 18 inflatable boats, this section applies to all monohull 19 motorboats less than 20 feet in length that are: manufactured 20 or used primarily for noncommercial use; leased, rented, or 21 chartered to another for the latter's noncommercial use; or 22 engaged in the carrying of six or fewer passengers for hire. 23 (2) No person shall sell or offer for sale any vessel 24 described in subsection (1) unless said vessel displays the 25 maximum capacity information as prescribed in part 183 of 26 Title 33 of the Code of Federal Regulations. This does not 27 apply to resales, but it is the intent of this section to 28 require dealers and manufacturers to furnish this information 29 upon the original sale. 30 (3) No person may operate any vessel described in 31 subsection (1) when such vessel exceeds the maximum weight 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 capacity, maximum persons capacity, or maximum horsepower 2 capacity. If no maximum capacity information is displayed, 3 the capacities shall be calculated as provided in subparts C 4 and D of part 183 of Title 33 of the Code of Federal 5 Regulations. This subsection does not preclude the finding of 6 reckless operation under s. 327.33(1) when a vessel is 7 operated in a grossly overloaded or overpowered condition. 8 Section 5. Effective October 1, 1997, paragraph (t) is 9 added to subsection (1) of section 327.73, Florida Statutes, 10 1996 Supplement, to read: 11 327.73 Noncriminal infractions.-- 12 (1) Violations of the following provisions of the 13 vessel laws of this state are noncriminal infractions: 14 (t) Section 327.52(3), relating to operation of 15 overloaded or overpowered vessels. 16 17 Any person cited for a violation of any such provision shall 18 be deemed to be charged with a noncriminal infraction, shall 19 be cited for such an infraction, and shall be cited to appear 20 before the county court. The civil penalty for any such 21 infraction is $50, except as otherwise provided in this 22 section. Any person who fails to appear or otherwise properly 23 respond to a uniform boating citation shall, in addition to 24 the charge relating to the violation of the boating laws of 25 this state, be charged with the offense of failing to respond 26 to such citation and, upon conviction, be guilty of a 27 misdemeanor of the second degree, punishable as provided in s. 28 775.082 or s. 775.083. A written warning to this effect shall 29 be provided at the time such uniform boating citation is 30 issued. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 Section 6. Section 713.78, Florida Statutes, is 2 amended to read: 3 713.78 Liens for recovering, towing, or storing 4 vehicles and undocumented vessels.-- 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) "Vessel" has the same meaning as the term 9 "undocumented vessel" as defined in s. 372.02(36). 10 (c)(b) "Wrecker" means any truck or other vehicle 11 which is used to tow, carry, or otherwise transport motor 12 vehicles or vessels upon the streets and highways of this 13 state and which is equipped for that purpose with a boom, 14 winch, car carrier, or other similar equipment. 15 (2) Whenever a person regularly engaged in the 16 business of transporting vehicles or vessels by wrecker, tow 17 truck, or car carrier recovers, removes, or stores a vehicle, 18 vessel, or mobile 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, 28 29 he shall have a lien on such vehicle or vessel for a 30 reasonable towing fee and for a reasonable storage fee; except 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 that no storage fee shall be charged if such vehicle or vessel 2 is stored for less than 6 hours. 3 (3)(a) Any person regularly engaged in the business of 4 recovering, towing, or storing vehicles or vessels who comes 5 into possession of a vehicle or vessel pursuant to subsection 6 (2), and who claims a lien for recovery, towing, or storage 7 services, shall give notice to the registered owner and to all 8 persons claiming a lien thereon, as disclosed by the records 9 in the 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 or vessel to the registered owner 14 and to all persons of record claiming a lien against the 15 vehicle or vessel. It shall state the fact of possession of 16 the vehicle or vessel, that a lien as provided in subsection 17 (2) is claimed, that charges have accrued and the amount 18 thereof, that the lien is subject to enforcement pursuant to 19 law, and that the owner or lienholder, if any, has the right 20 to a hearing as set forth in subsection (4), and that any 21 vehicle or vessel which remains unclaimed, or for which the 22 charges for recovery, towing, or storage services remain 23 unpaid, may be sold in 35 days free of all prior liens. 24 (c) If attempts to locate the owner or lienholder 25 prove unsuccessful, the towing-storage operator shall, after 7 26 working days, excluding Saturday and Sunday, of the initial 27 tow or storage, notify the public agency of jurisdiction in 28 writing by certified mail or acknowledged hand delivery that 29 the towing-storage company has been unable to locate the owner 30 or lienholder and a physical search of the vehicle or vessel 31 has disclosed no ownership information and a good faith effort 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 has been made. For purposes of this paragraph, subsection 2 (8), and s. 715.05, "good faith effort" means that the 3 following checks have been performed by the company to 4 establish prior state of registration and for title: 5 1. Check of vehicle or vessel for any type of tag, tag 6 record, temporary tag, or regular tag. 7 2. Check of law enforcement report for tag number or 8 other information identifying the vehicle or vessel, if the 9 vehicle or vessel was towed at the request of a law 10 enforcement officer. 11 3. Check of trip sheet or tow ticket of tow truck 12 operator to see if a tag was on vehicle at beginning of tow, 13 if private tow. 14 4. If there is no address of the owner on the impound 15 report, check of law enforcement report to see if an 16 out-of-state address is indicated from driver license 17 information. 18 5. Check of vehicle or vessel for inspection sticker 19 or other stickers and decals that may indicate a state of 20 possible registration. 21 6. Check of the interior of the vehicle or vessel for 22 any papers that may be in the glove box, trunk, or other areas 23 for a state of registration. 24 7. Check of vehicle for vehicle identification number. 25 8. Check of vessel for vessel registration number. 26 9. Check of vessel hull for a hull identification 27 number which should be carved, burned, stamped, embossed, or 28 otherwise permanently affixed to the outboard side of the 29 transom or, if there is no transom, to the outmost seaboard 30 side at the end of the hull that bears the rudder or other 31 steering mechanism. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 (4)(a) The owner of a vehicle or vessel removed 2 pursuant to the provisions of subsection (2), or any person 3 claiming a lien, other than the towing-storage operator, 4 within 10 days after the time he has knowledge of the location 5 of the vehicle or vessel, may file a complaint in the county 6 court of the county in which the vehicle or vessel is stored 7 or in which the owner resides to determine if his property was 8 wrongfully taken or withheld from him. 9 (b) Upon filing of a complaint, an owner or lienholder 10 may have his vehicle or vessel released upon posting with the 11 court a cash or surety bond or other adequate security equal 12 to the amount of the charges for towing or storage and lot 13 rental amount to ensure the payment of such charges in the 14 event he does not prevail. Upon the posting of the bond and 15 the payment of the applicable fee set forth in s. 28.24, the 16 clerk of the court shall issue a certificate notifying the 17 lienor of the posting of the bond and directing the lienor to 18 release the vehicle or vessel. At the time of such release, 19 after reasonable inspection, he shall give a receipt to the 20 towing-storage company reciting any claims he has for loss or 21 damage to the vehicle or vessel or the contents thereof. 22 (c) Upon determining the respective rights of the 23 parties, the court may award damages and costs in favor of the 24 prevailing party. In any event, the final order shall provide 25 for immediate payment in full of recovery, towing, and storage 26 fees by the vehicle or vessel owner or lienholder; or the 27 agency ordering the tow; or the owner, lessee, or agent 28 thereof of the property from which the vehicle or vessel was 29 removed. 30 (5) Any vehicle or vessel which is stored pursuant to 31 subsection (2) and which remains unclaimed, or for which 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 reasonable charges for recovery, towing, or storing remain 2 unpaid or for which a lot rental amount is due and owing to 3 the mobile home park owner, as evidenced by a judgment for 4 unpaid rent, and any contents not released pursuant to 5 subsection (9), may be sold by the owner or operator of the 6 storage space for such towing or storage charge or unpaid lot 7 rental amount after 35 days from the time the vehicle or 8 vessel is stored therein. The sale shall be at public auction 9 for cash. If the date of the sale was not included in the 10 notice required in subsection (3), notice of the sale shall be 11 given to the person in whose name the vehicle, vessel, or 12 mobile home is registered, to the mobile home park owner, and 13 to all persons claiming a lien on the vehicle or vessel as 14 shown on the records of the Department of Highway Safety and 15 Motor Vehicles or of the corresponding agency in any other 16 state. Notice shall be sent by certified mail, return receipt 17 requested, to the owner of the vehicle or vessel and the 18 person having the recorded lien on the vehicle or vessel at 19 the address shown on the records of the registering agency and 20 shall be mailed not less than 15 days before the date of the 21 sale. After diligent search and inquiry, if the name and 22 address of the registered owner or the owner of the recorded 23 lien cannot be ascertained, the requirements of notice by mail 24 may be dispensed with. In addition to the notice by mail, 25 public notice of the time and place of sale shall be made by 26 publishing a notice thereof one time, at least 10 days prior 27 to the date of the sale, in a newspaper of general circulation 28 in the county in which the sale is to be held. The proceeds 29 of the sale, after payment of reasonable towing and storage 30 charges, costs of the sale, and the unpaid lot rental amount, 31 in that order of priority, shall be deposited with the clerk 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 of the circuit court for the county if the owner is absent, 2 and the clerk shall hold such proceeds subject to the claim of 3 the person legally entitled thereto. The clerk shall be 4 entitled to receive 5 percent of such proceeds for the care 5 and disbursement thereof. The certificate of title issued 6 under this law shall be discharged of all liens unless 7 otherwise provided by court order. 8 (6) No person regularly engaged in the business of 9 recovering, towing, or storing vehicles or vessels shall be 10 liable for damages connected with such services, provided that 11 they have been performed with reasonable care and provided, 12 further, that, in the case of removal of a vehicle or vessel 13 upon the request of a person purporting, and reasonably 14 appearing, to be the owner or lessee, or a person authorized 15 by the owner or lessee, of the property from which such 16 vehicle or vessel is removed, such removal has been done in 17 compliance with s. 715.07. 18 (7) A person regularly engaged in the business of 19 recovering, towing, or storing vehicles or vessels, except a 20 person licensed under chapter 493 while engaged in 21 "repossession" activities as defined in s. 493.6101, may not 22 operate a wrecker, tow truck, or car carrier unless the name, 23 address, and telephone number of the company performing the 24 service is clearly printed in contrasting colors on the driver 25 and passenger sides of its vehicle. The name must be in at 26 least 3-inch permanently affixed letters, and the address and 27 telephone number must be in at least 1-inch permanently 28 affixed letters. 29 (8) Failure to make good faith best efforts to comply 30 with the notice requirements of this section shall preclude 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 the imposition of any storage charges against such vehicle or 2 vessel. 3 (9) Persons who provide services pursuant to this 4 section shall permit vehicle and vessel owners or their 5 agents, which agency is evidenced by a writing acknowledged by 6 the owner before a notary public or other person empowered by 7 law to administer oaths, to inspect the towed vehicle or 8 vessel and shall release to the owner or agent all personal 9 property not affixed to the vehicle or vessel which was in the 10 vehicle at the time the vehicle or vessel came into the 11 custody of the person providing such services. 12 (10)(a) Any person regularly engaged in the business 13 of recovering, towing, or storing vehicles or vessels who 14 comes into possession of a vehicle or vessel pursuant to 15 subsection (2) and who has complied with the provisions of 16 subsections (3) and (5), when such vehicle or vessel is to be 17 sold for purposes of being dismantled, destroyed, or changed 18 in such manner that it is not the motor vehicle, vessel, or 19 mobile home described in the certificate of title, shall apply 20 to the county tax collector for a certificate of destruction. 21 A certificate of destruction, which authorizes the dismantling 22 or destruction of the vehicle or vessel described therein, 23 shall be reassignable and shall accompany the vehicle or 24 vessel for which it is issued, when such vehicle or vessel is 25 sold for such purposes, in lieu of a certificate of title. 26 The application for a certificate of destruction must shall 27 include an affidavit from the applicant that it has complied 28 with all applicable requirements of this section and, if the 29 vehicle or vessel is not registered in this state, by a 30 statement from a law enforcement officer that the vehicle or 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 vessel is not reported stolen, and must shall be accompanied 2 by such documentation as may be required by the department. 3 (b) The Department of Highway Safety and Motor 4 Vehicles shall charge a fee of $3 for each certificate of 5 destruction. A service charge of $4.25 shall be collected and 6 retained by the tax collector who processes the application. 7 (c) The Department of Highway Safety and Motor 8 Vehicles may adopt such rules as it deems necessary or proper 9 for the administration of this subsection. 10 (11)(a) Any person who violates any provision of 11 subsections (1) through (6) is guilty of a misdemeanor of the 12 first degree, punishable as provided in s. 775.082 or s. 13 775.083. 14 (b) Any person who violates the provisions of 15 subsections (7) through (10) is guilty of a felony of the 16 third degree, punishable as provided in s. 775.082, s. 17 775.083, or s. 775.084. 18 (c) Any person who uses a false or fictitious name, 19 gives a false or fictitious address, or makes any false 20 statement in any application or affidavit required under the 21 provisions of this section is guilty of a felony of the third 22 degree, punishable as provided in s. 775.082, s. 775.083, or 23 s. 775.084. 24 Section 7. Subsection (1) and paragraph (a) of 25 subsection (2) of section 715.07, Florida Statutes, are 26 amended to read: 27 715.07 Vehicles parked on private property; towing.-- 28 (1) As used in this section, the term "vehicle" means 29 any mobile item which normally uses wheels, whether motorized 30 or not, or any undocumented vessel as defined in s. 31 327.02(36). 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 (2) The owner or lessee of real property, or any 2 person authorized by the owner or lessee, which person may be 3 the designated representative of the condominium association 4 if the real property is a condominium, may cause any vehicle 5 parked on such property without his permission to be removed 6 by a person regularly engaged in the business of towing 7 vehicles, without liability for the costs of removal, 8 transportation, or storage or damages caused by such removal, 9 transportation, or storage, under any of the following 10 circumstances: 11 (a) The towing or removal of any vehicle from private 12 property without the consent of the registered owner or other 13 legally authorized person in control of that vehicle is 14 subject to strict compliance with the following conditions and 15 restrictions: 16 1.a. Any towed or removed vehicle must be stored at a 17 site within 10 miles of the point of removal in any county of 18 500,000 population or more, and within 15 miles of the point 19 of removal in any county of less than 500,000 population. That 20 site must be open for the purpose of redemption of vehicles on 21 any day that the person or firm towing such vehicle is open 22 for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when 23 closed, shall have prominently posted a sign indicating a 24 telephone number where the operator of the site can be reached 25 at all times. Upon receipt of a telephoned request to open 26 the site to redeem a vehicle, the operator shall return to the 27 site within 1 hour or he will be in violation of this section. 28 b. If no towing business providing such service is 29 located within the area of towing limitations set forth in 30 sub-subparagraph a., the following limitations apply: any 31 towed or removed vehicle must be stored at a site within 20 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 miles of the point of removal in any county of 500,000 2 population or more, and within 30 miles of the point of 3 removal in any county of less than 500,000 population. 4 2. The person or firm towing or removing the vehicle 5 shall, within 30 minutes of completion of such towing or 6 removal, notify the municipal police department or, in an 7 unincorporated area, the sheriff of such towing or removal, 8 the storage site, the time the vehicle was towed or removed, 9 and the make, model, color, and license plate number of the 10 vehicle and shall obtain the name of the person at that 11 department to whom such information was reported and note that 12 name on the trip record. 13 3. If the registered owner or other legally authorized 14 person in control of the vehicle arrives at the scene prior to 15 removal or towing of the vehicle, the vehicle shall be 16 disconnected from the towing or removal apparatus, and that 17 person shall be allowed to remove the vehicle without 18 interference upon the payment of a reasonable service fee of 19 not more than one-half of the posted rate for such towing 20 service as provided in subparagraph 6., for which a receipt 21 shall be given, unless that person refuses to remove the 22 vehicle which is otherwise unlawfully parked. 23 4. The rebate or payment of money or any other 24 valuable consideration from the individual or firm towing or 25 removing vehicles to the owners or operators of the premises 26 from which the vehicles are towed or removed, for the 27 privilege of removing or towing those vehicles, is prohibited. 28 5. Except for property appurtenant to and obviously a 29 part of a single-family residence, and except for instances 30 when notice is personally given to the owner or other legally 31 authorized person in control of the vehicle that the area in 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 which that vehicle is parked is reserved or otherwise 2 unavailable for unauthorized vehicles and subject to being 3 removed at the owner's or operator's expense, any property 4 owner or lessee, or person authorized by the property owner or 5 lessee, prior to towing or removing any vehicle from private 6 property without the consent of the owner or other legally 7 authorized person in control of that vehicle, must post a 8 notice meeting the following requirements: 9 a. The notice must be prominently placed at each 10 driveway access or curb cut allowing vehicular access to the 11 property, within 5 feet from the public right-of-way line. If 12 there are no curbs or access barriers, the signs must be 13 posted not less than one sign for each 25 feet of lot 14 frontage. 15 b. The notice must clearly indicate, in not less than 16 2-inch high, light-reflective letters on a contrasting 17 background, that unauthorized vehicles will be towed away at 18 the owner's expense. The words "tow-away zone" must be 19 included on the sign in not less than 4-inch high letters. 20 c. The notice must also provide the name and current 21 telephone number of the person or firm towing or removing the 22 vehicles, if the property owner, lessee, or person in control 23 of the property has a written contract with the towing 24 company. 25 d. The sign structure containing the required notices 26 must be permanently installed with the words "tow-away zone" 27 not less than 3 feet and not more than 6 feet above ground 28 level and must be continuously maintained on the property for 29 not less than 24 hours prior to the towing or removal of any 30 vehicles. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 e. The local government may require permitting and 2 inspection of these signs prior to any towing or removal of 3 vehicles being authorized. 4 f. A business with 20 or fewer parking spaces 5 satisfies the notice requirements of this subparagraph by 6 prominently displaying a sign stating "Reserved Parking for 7 Customers Only Unauthorized Vehicles Will be Towed Away At the 8 Owner's Expense" in not less than 4-inch high, 9 light-reflective letters on a contrasting background. 10 11 A business owner or lessee may authorize the removal of a 12 vehicle by a towing company when the vehicle is parked in such 13 a manner that restricts the normal operation of business; and 14 if a vehicle parked on a public right-of-way obstructs access 15 to a private driveway the owner, lessee, or agent may have the 16 vehicle removed by a towing company upon signing an order that 17 the vehicle be removed without a posted tow-away zone sign. 18 6. Any person or firm that tows or removes vehicles 19 and proposes to require an owner, operator, or person in 20 control of a vehicle to pay the costs of towing and storage 21 prior to redemption of the vehicle must file and keep on 22 record with the local law enforcement agency a complete copy 23 of the current rates to be charged for such services and post 24 at the storage site an identical rate schedule and any written 25 contracts with property owners, lessees, or persons in control 26 of property which authorize such person or firm to remove 27 vehicles as provided in this section. 28 7. Any person or firm towing or removing any vehicles 29 from private property without the consent of the owner or 30 other legally authorized person in control of the vehicles 31 shall, on any trucks, wreckers as defined in s. 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 899 686-110-97 1 713.78(1)(c)(b), or other vehicles used in the towing or 2 removal, have the name, address, and telephone number of the 3 company performing such service clearly printed in contrasting 4 colors on the driver and passenger sides of the vehicle. The 5 name shall be in at least 3-inch permanently affixed letters, 6 and the address and telephone number shall be in at least 7 1-inch permanently affixed letters. 8 8. Vehicle entry for the purpose of removing the 9 vehicle shall be allowed with reasonable care on the part of 10 the person or firm towing the vehicle. Such person or firm 11 shall be liable for any damage occasioned to the vehicle if 12 such entry is not in accordance with the standard of 13 reasonable care. 14 9. When a vehicle has been towed or removed pursuant 15 to this section, it must be released to its owner or custodian 16 within one hour after requested. Any vehicle owner, 17 custodian, or agent shall have the right to inspect the 18 vehicle before accepting its return, and no release or waiver 19 of any kind which would release the person or firm towing the 20 vehicle from liability for damages noted by the owner or other 21 legally authorized person at the time of the redemption may be 22 required from any vehicle owner, custodian, or agent as a 23 condition of release of the vehicle to its owner. A detailed, 24 signed receipt showing the legal name of the company or person 25 towing or removing the vehicle must be given to the person 26 paying towing or storage charges at the time of payment, 27 whether requested or not. 28 Section 8. Except as otherwise provided herein, this 29 act shall take effect upon becoming a law. 30 31 17