HB 1635 2003
1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 715.07,
3	F.S.; requiring described citation prior to removal of a
4	vehicle from public right-of-way without specified
5	approval; providing vehicle owner or other person
6	responsible for the vehicle relief from liability for
7	certain costs upon violation; reenacting ss. 316.515(8)(d)
8	and 713.78(2)(b), (3), and (7)(a), F.S., to incorporate
9	the amendments to s. 715.07, F.S., in references thereto;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Paragraph (a) of subsection (2) of section
15	715.07, Florida Statutes, is amended to read:
16	715.07 Vehicles parked on private property; towing.--
17	(2) The owner or lessee of real property, or any person
18	authorized by the owner or lessee, which person may be the
19	designated representative of the condominium association if the
20	real property is a condominium, may cause any vehicle parked on
21	such property without her or his permission to be removed by a
22	person regularly engaged in the business of towing vehicles,
23	without liability for the costs of removal, transportation, or
24	storage or damages caused by such removal, transportation, or
25	storage, under any of the following circumstances:
26	(a) The towing or removal of any vehicle from private
27	property without the consent of the registered owner or other
28	legally authorized person in control of that vehicle is subject
29	to strict compliance with the following conditions and
30	restrictions:
31	1.a. Any towed or removed vehicle must be stored at a site
32	within 10 miles of the point of removal in any county of 500,000
33	population or more, and within 15 miles of the point of removal
34	in any county of less than 500,000 population. That site must be
35	open for the purpose of redemption of vehicles on any day that
36	the person or firm towing such vehicle is open for towing
37	purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall
38	have prominently posted a sign indicating a telephone number
39	where the operator of the site can be reached at all times. Upon
40	receipt of a telephoned request to open the site to redeem a
41	vehicle, the operator shall return to the site within 1 hour or
42	she or he will be in violation of this section.
43	b. If no towing business providing such service is located
44	within the area of towing limitations set forth in sub-
45	subparagraph a., the following limitations apply: any towed or
46	removed vehicle must be stored at a site within 20 miles of the
47	point of removal in any county of 500,000 population or more,
48	and within 30 miles of the point of removal in any county of
49	less than 500,000 population.
50	2. The person or firm towing or removing the vehicle
51	shall, within 30 minutes of completion of such towing or
52	removal, notify the municipal police department or, in an
53	unincorporated area, the sheriff of such towing or removal, the
54	storage site, the time the vehicle was towed or removed, and the
55	make, model, color, and license plate number of the vehicle and
56	shall obtain the name of the person at that department to whom
57	such information was reported and note that name on the trip
58	record.
59	3. If the registered owner or other legally authorized
60	person in control of the vehicle arrives at the scene prior to
61	removal or towing of the vehicle, the vehicle shall be
62	disconnected from the towing or removal apparatus, and that
63	person shall be allowed to remove the vehicle without
64	interference upon the payment of a reasonable service fee of not
65	more than one-half of the posted rate for such towing service as
66	provided in subparagraph 6., for which a receipt shall be given,
67	unless that person refuses to remove the vehicle which is
68	otherwise unlawfully parked.
69	4. The rebate or payment of money or any other valuable
70	consideration from the individual or firm towing or removing
71	vehicles to the owners or operators of the premises from which
72	the vehicles are towed or removed, for the privilege of removing
73	or towing those vehicles, is prohibited.
74	5. Except for property appurtenant to and obviously a part
75	of a single-family residence, and except for instances when
76	notice is personally given to the owner or other legally
77	authorized person in control of the vehicle that the area in
78	which that vehicle is parked is reserved or otherwise
79	unavailable for unauthorized vehicles and subject to being
80	removed at the owner's or operator's expense, any property owner
81	or lessee, or person authorized by the property owner or lessee,
82	prior to towing or removing any vehicle from private property
83	without the consent of the owner or other legally authorized
84	person in control of that vehicle, must post a notice meeting
85	the following requirements:
86	a. The notice must be prominently placed at each driveway
87	access or curb cut allowing vehicular access to the property,
88	within 5 feet from the public right-of-way line. If there are no
89	curbs or access barriers, the signs must be posted not less than
90	one sign for each 25 feet of lot frontage.
91	b. The notice must clearly indicate, in not less than 2-
92	inch high, light-reflective letters on a contrasting background,
93	that unauthorized vehicles will be towed away at the owner's
94	expense. The words "tow-away zone" must be included on the sign
95	in not less than 4-inch high letters.
96	c. The notice must also provide the name and current
97	telephone number of the person or firm towing or removing the
98	vehicles, if the property owner, lessee, or person in control of
99	the property has a written contract with the towing company.
100	d. The sign structure containing the required notices must
101	be permanently installed with the words "tow-away zone" not less
102	than 3 feet and not more than 6 feet above ground level and must
103	be continuously maintained on the property for not less than 24
104	hours prior to the towing or removal of any vehicles.
105	e. The local government may require permitting and
106	inspection of these signs prior to any towing or removal of
107	vehicles being authorized.
108	f. A business with 20 or fewer parking spaces satisfies
109	the notice requirements of this subparagraph by prominently
110	displaying a sign stating "Reserved Parking for Customers Only
111	Unauthorized Vehicles Will be Towed Away At the Owner's Expense"
112	in not less than 4-inch high, light-reflective letters on a
113	contrasting background.
114	6.A business owner or lessee may authorize the removal of
115	a vehicle by a towing company when the vehicle is parked in such
116	a manner that restricts the normal operation of business; and if
117	a vehicle parked on a public right-of-way obstructs access to a
118	private driveway the owner, lessee, or agent may have the
119	vehicle removed by a towing company upon signing an order that
120	the vehicle be removed without a posted tow-away zone sign. A
121	business owner may not authorize the removal of a vehicle parked
122	on a public right-of-way and no towing company shall remove such
123	vehicle unless the vehicle has been cited for improper parking
124	by a parking enforcement agent or other law enforcement agency
125	and a citation signed by said agent has been left with the
126	vehicle. Removing a vehicle pursuant to this subparagraph that
127	has not been cited as required under this subsection prior to
128	removal relieves the owner or other legally authorized person in
129	control of that vehicle of any liability for cost of removal or
130	storage of the vehicle. The provisions of this subparagraph do
131	not apply to the removal of any vehicle at the direction of any
132	state or local law enforcement officer.
133	7.6.Any person or firm that tows or removes vehicles and
134	proposes to require an owner, operator, or person in control of
135	a vehicle to pay the costs of towing and storage prior to
136	redemption of the vehicle must file and keep on record with the
137	local law enforcement agency a complete copy of the current
138	rates to be charged for such services and post at the storage
139	site an identical rate schedule and any written contracts with
140	property owners, lessees, or persons in control of property
141	which authorize such person or firm to remove vehicles as
142	provided in this section.
143	8.7.Any person or firm towing or removing any vehicles
144	from private property without the consent of the owner or other
145	legally authorized person in control of the vehicles shall, on
146	any trucks, wreckers as defined in s. 713.78(1)(c), or other
147	vehicles used in the towing or removal, have the name, address,
148	and telephone number of the company performing such service
149	clearly printed in contrasting colors on the driver and
150	passenger sides of the vehicle. The name shall be in at least 3-
151	inch permanently affixed letters, and the address and telephone
152	number shall be in at least 1-inch permanently affixed letters.
153	9.8.Vehicle entry for the purpose of removing the vehicle
154	shall be allowed with reasonable care on the part of the person
155	or firm towing the vehicle. Such person or firm shall be liable
156	for any damage occasioned to the vehicle if such entry is not in
157	accordance with the standard of reasonable care.
158	10.9.When a vehicle has been towed or removed pursuant to
159	this section, it must be released to its owner or custodian
160	within one hour after requested. Any vehicle owner, custodian,
161	or agent shall have the right to inspect the vehicle before
162	accepting its return, and no release or waiver of any kind which
163	would release the person or firm towing the vehicle from
164	liability for damages noted by the owner or other legally
165	authorized person at the time of the redemption may be required
166	from any vehicle owner, custodian, or agent as a condition of
167	release of the vehicle to its owner. A detailed, signed receipt
168	showing the legal name of the company or person towing or
169	removing the vehicle must be given to the person paying towing
170	or storage charges at the time of payment, whether requested or
171	not.
172	Section 2. For the purpose of incorporating the amendment
173	to section 715.07, Florida Statutes, in references thereto,
174	paragraph (d) of subsection (8) of section 316.515, Florida
175	Statutes, is reenacted to read:
176	316.515 Maximum width, height, length.--
177	(8) WRECKERS.--The limitations imposed by this section do
178	not apply to a combination of motor vehicles consisting of a
179	wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
180	disabled motor vehicle, trailer, semitrailer, or tractor-trailer
181	combination, or a replacement motor vehicle, which is under tow
182	by the wrecker, if the size and weight of the towed vehicle is
183	consistent with statutory requirements and the requirements of
184	this subsection.
185	(d) The limitations imposed by this section do not apply
186	to a combination of motor vehicles consisting of a wrecker
187	licensed in accordance with s. 320.08(5)(d) or (e) and a
188	nondisabled tractor-trailer combination that is under tow by the
189	wrecker, if the tractor-trailer combination is being towed by
190	the wrecker in an emergency situation as directed by a law
191	enforcement officer. No wrecker shall tow a nondisabled tractor-
192	trailer combination except in an emergency situation as directed
193	by a law enforcement officer, or as provided in s. 715.07.
194	Section 3. For the purpose of incorporating the amendment
195	to section 715.07, Florida Statutes, in references thereto,
196	paragraph (b) of subsection (2), subsection (3), and paragraph
197	(a) of subsection (7) of section 713.78, Florida Statutes, are
198	reenacted to read:
199	713.78 Liens for recovering, towing, or storing vehicles
200	and vessels.--
201	(2) Whenever a person regularly engaged in the business of
202	transporting vehicles or vessels by wrecker, tow truck, or car
203	carrier recovers, removes, or stores a vehicle, vessel, or
204	mobile home upon instructions from:
205	(b) The owner or lessor, or a person authorized by the
206	owner or lessor, of property on which such vehicle is wrongfully
207	parked, and such removal is done in compliance with s. 715.07;
208	or
209
210	she or he shall have a lien on such vehicle or vessel for a
211	reasonable towing fee and for a reasonable storage fee; except
212	that no storage fee shall be charged if such vehicle is stored
213	for less than 6 hours.
214	(3) This section does not authorize any person to claim a
215	lien on a vehicle for fees or charges connected with the
216	immobilization of such vehicle using a vehicle boot or other
217	similar device pursuant to s. 715.07.
218	(7)(a) A wrecker operator recovering, towing, or storing
219	vehicles or vessels is not liable for damages connected with
220	such services, theft of such vehicles or vessels, or theft of
221	personal property contained in such vehicles or vessels,
222	provided that such services have been performed with reasonable
223	care and provided, further, that, in the case of removal of a
224	vehicle or vessel upon the request of a person purporting, and
225	reasonably appearing, to be the owner or lessee, or a person
226	authorized by the owner or lessee, of the property from which
227	such vehicle or vessel is removed, such removal has been done in
228	compliance with s. 715.07. Further, a wrecker operator is not
229	liable for damage connected with such services when complying
230	with the lawful directions of a law enforcement officer to
231	remove a vehicle stopped, standing, or parked upon a street or
232	highway in such a position as to obstruct the normal movement of
233	traffic or in such a condition as to create a hazard to other
234	traffic upon the street or highway.
235	Section 4. This act shall take effect upon becoming a law.