HOUSE AMENDMENT Bill No. HB 677 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Russell offered the following:
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14	Amendment
15	Remove lines 1360-1707, and insert:
16	(c) "Mobile home transport company" means a person
17	regularly engaged in the business of transporting mobile homes.
18	The term includes a mobile home dealer as defined in s. 320.77
19	and a mobile home installer as described in s. 320.8249 .
20	(d) "Property owner" has the same meaning ascribed in s.
21	715.07.
22	(e)(a) "Vehicle" has the same meaning ascribed in s.
23	508.01means any mobile item, whether motorized or not, which is
24	mounted on wheels.
25	(f)(b) "Vessel" has the same meaning ascribed in s. 508.01
26	means every description of watercraft, barge, and air boat used
27	or capable of being used as a means of transportation on water,
28	other than a seaplane or a "documented vessel" as defined in s.
29	327.02(8).
30	(g)(c) "Wrecker" has the same meaning ascribed in s.
31	320.01means any truck or other vehicle which is used to tow,
32	carry, or otherwise transport motor vehicles or vessels upon the
33	streets and highways of this state and which is equipped for
34	that purpose with a boom, winch, car carrier, or other similar
35	equipment.
36	(h) "Wrecker company" has the same meaning ascribed in s.
37	508.01.
38	(i) "Wrecker operator" has the same meaning ascribed in s.
39	508.01.
40	(2) Whenever a wrecker company registered under chapter
41	508 or a mobile home transport companyperson regularly engaged
42	in the business of transporting vehicles or vessels by wrecker,
43	tow truck, or car carrierrecovers, removes, or stores a
44	vehicle, vessel, or mobile home upon instructions from:
45	(a) The owner of the vehicle or vesselthereof; or
46	(b) The property owner or lessor, or a person authorized
47	by the owner or lessor, of real property on which thesuch
48	vehicle is wrongfully parked without permission, and thesuch
49	removal is done in compliance with s. 715.07; or
50	(c) AAnylaw enforcement agency; or
51	(d) A mobile home park owner as defined in s. 723.003 who
52	has a current writ of possession for a mobile home lot under
53	pursuant tos. 723.061,
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55	the wrecker company or mobile home transport company hasshe or
56	he shall have a lien on thesuch vehicle,or vessel, or mobile
57	homefor a reasonable towing fee and for a reasonable storage
58	fee; except that ano storage fee may notshall be charged if a
59	such vehicle or vessel is stored forless than 6 hours.
60	(3) This section does not authorize any person to claim a
61	lien on a vehicle for fees or charges connected with the
62	immobilization of asuchvehicle using a vehicle boot or other
63	similar device underpursuant tos. 715.07.
64	(4)(a) Any wrecker company or mobile home transport
65	company thatperson regularly engaged in the business of
66	recovering, towing, or storing vehicles or vessels whocomes
67	into possession of a vehicle,or vessel, or mobile home under
68	pursuant to subsection (2), and thatwhoclaims a lien for
69	recovery, towing, or storage services, mustshallgive notice to
70	the registered owner, the insurance company insuring the vehicle
71	notwithstanding the provisions of s. 627.736, and to all persons
72	claiming a lien on the vehicle, vessel, or mobile homethereon,
73	as disclosed by the records in the Department of Highway Safety
74	and Motor Vehicles or of a corresponding agency in any other
75	state. This paragraph does not apply to a mobile home under
76	paragraph (2)(d) when the mobile home is stored on site in the
77	mobile home lot.
78	(b) Whenever aanylaw enforcement agency authorizes the
79	removal of a vehicle, or whenever a wrecker companyany towing
80	service, garage, repair shop, or automotive service, storage, or
81	parking placenotifies the law enforcement agency of possession
82	of a vehicle underpursuant tos. 715.07(2)(a)2., the applicable
83	law enforcement agency shall contact the Department of Highway
84	Safety and Motor Vehicles, or the appropriate agency of the
85	state of registration, if known, within 24 hours through the
86	medium of electronic communications, giving the full description
87	of the vehicle. Upon receipt of the full description of the
88	vehicle, the department shall search its files to determine the
89	owner's name, the insurance company insuring the vehicle, and
90	whether any person has filed a lien upon the vehicle as provided
91	in s. 319.27(2) and (3) and notify the applicable law
92	enforcement agency within 72 hours. The wrecker company must
93	person in charge of the towing service, garage, repair shop, or
94	automotive service, storage, or parking place shall obtain this
95	suchinformation from the applicable law enforcement agency
96	within 5 days afterfrom the date of storage and mustshallgive
97	notice underpursuant toparagraph (a). The department may
98	release the insurance company information to the requestor
99	notwithstanding the provisions ofs. 627.736.
100	(c) Notice by certified mail, return receipt requested,
101	mustshallbe sent within 7 business days after the date of
102	storage of the vehicle or vessel to the registered owner, the
103	insurance company insuring the vehicle notwithstanding the
104	provisions of s. 627.736, and all persons of record claiming a
105	lien against the vehicle or vessel. The notice mustIt shall
106	state the fact of possession of the vehicle or vessel, that a
107	lien as provided in subsection (2) is claimed, that charges have
108	accrued and the amount of the chargesthereof, that the lien is
109	subject to enforcement underpursuant to law, andthat the owner
110	or lienholder, if any, has the right to a hearing as set forth
111	in subsection (5), and that any vehicle or vessel which remains
112	unclaimed, or for which the charges for recovery, towing, or
113	storage services remain unpaid, may be sold free of all prior
114	liens after 35 days if the vehicle or vessel is more than 3
115	years of age or after 50 days if the vehicle or vessel is 3
116	years of age or less.
117	(d) If the wrecker company is unableattempts to identify
118	the name oflocate the owner or lienholder prove unsuccessful,
119	the wrecker company musttowing-storage operator shall, after 7
120	businessworking days following, excluding Saturday and Sunday,
121	ofthe initial tow or storage, notify the public agency of
122	jurisdiction in writing by certified mail or acknowledged hand
123	delivery that the wreckertowing-storagecompany has been unable
124	to identify the name oflocatethe owner or lienholder and a
125	physical search of the vehicle or vessel has disclosed no
126	ownership information and a good faith effort has been made. For
127	purposes of this paragraph and subsection (9), the term"good
128	faith effort" means that the following checks have been
129	performed by the wreckercompany to establish prior state of
130	registration and for title:
131	1. Check of vehicle or vessel for any type of tag, tag
132	record, temporary tag, or regular tag.
133	2. Check of law enforcement report for tag number or other
134	information identifying the vehicle or vessel, if the vehicle or
135	vessel was towed at the request of a law enforcement officer.
136	3. Check of trip sheet or tow ticket of the wreckertow
137	truckoperator to see if a tag was on vehicle at beginning of
138	tow, if private tow.
139	4. If there is no address of the owner on the impound
140	report, check of law enforcement report to see if an out-of-
141	state address is indicated from driver license information.
142	5. Check of vehicle or vessel for inspection sticker or
143	other stickers and decals that may indicate a state of possible
144	registration.
145	6. Check of the interior of the vehicle or vessel for any
146	papers that may be in the glove box, trunk, or other areas for a
147	state of registration.
148	7. Check of vehicle for vehicle identification number.
149	8. Check of vessel for vessel registration number.
150	9. Check of vessel hull for a hull identification number
151	which should be carved, burned, stamped, embossed, or otherwise
152	permanently affixed to the outboard side of the transom or, if
153	there is no transom, to the outmost seaboard side at the end of
154	the hull that bears the rudder or other steering mechanism.
155	(5)(a) The owner of a vehicle,or vessel, or mobile home
156	removed underpursuant to the provisions ofsubsection (2), or
157	any person claiming a lien, other than the wrecker company or
158	mobile home transport companytowing-storage operator, within 10
159	days after the time she or he has knowledge of the location of
160	the vehicle,or vessel, or mobile home, may file a complaint in
161	the county court of the county in which the vehicle,or vessel,
162	or mobile homeis stored or in which the owner resides to
163	determine if her or his property was wrongfully taken or
164	withheld from her or him.
165	(b) Upon filing of a complaint, an owner or lienholder may
166	have her or his vehicle,or vessel, or mobile homereleased upon
167	posting with the court a cash or surety bond or other adequate
168	security equal to the amount of the charges for towing or
169	storage and lot rental amount to ensure the payment of thesuch
170	charges in the event she or he does not prevail. Upon the
171	posting of the bond and the payment of the applicable fee set
172	forth in s. 28.24, the clerk of the court shall issue a
173	certificate notifying the lienor of the posting of the bond and
174	directing the lienor to release the vehicle,or vessel, or
175	mobile home. At the time of thesuchrelease, after reasonable
176	inspection, she or he shall give a receipt to the wrecker
177	towing-storage company or mobile home transport companyreciting
178	any claims she or he has for loss or damage to the vehicle,or
179	vessel, or mobile home or to the contents of the vehicle,
180	vessel, or mobile homethereof.
181	(c) Upon determining the respective rights of the parties,
182	the court may award damages and costs toin favor ofthe
183	prevailing party. The court shall also award reasonable
184	attorney's fees to the prevailing party if the court finds the
185	nonprevailing party filed the complaint primarily to harass, for
186	frivolous purpose, or to needlessly increase the cost of
187	claiming a lien under this section.In any event,The final
188	order must requireshall provide forimmediate payment in full
189	of therecovery, towing, and storage fees by the vehicle or
190	vessel owner or lienholder; byor the law enforcementagency
191	ordering the tow; or by the property owner, lessee, or agent
192	thereof of the realproperty from which the vehicle or vessel
193	was towed or removed under s. 715.07.
194	(6) Any vehicle,or vessel, or mobile home thatwhichis
195	stored underpursuant to subsection (2) and thatwhichremains
196	unclaimed, or for which reasonable charges for recovery, towing,
197	or storing remain unpaid or for which a lot rental amount is due
198	and owing to the mobile home park owner, as evidenced by a
199	judgment for unpaid rent, and any contents not released under
200	pursuant to subsection (10), may be sold by the wrecker company
201	or mobile home transport companyowner or operator of the
202	storage space for thesuchtowing or storage charge or unpaid
203	lot rental amount after 35 days afterfrom the time the vehicle,
204	or vessel, or mobile home is stored in the wrecker company's
205	storage facility, or is stored on site by a mobile home
206	transport company,therein if the vehicle,or vessel, or mobile
207	home is more than 3 years of age or after 50 days after
208	following the time the vehicle,or vessel, or mobile homeis
209	stored therein if the vehicle,or vessel, or mobile homeis 3
210	years of age or less. The sale mustshallbe at public auction
211	for cash. If the date of the sale iswasnot included in the
212	notice required in subsection (4), notice of the sale mustshall
213	be given to the person in whose name the vehicle, vessel, or
214	mobile home is registered, to the mobile home park owner, and to
215	all persons claiming a lien on the vehicle or vessel as shown on
216	the records of the Department of Highway Safety and Motor
217	Vehicles or of the corresponding agency in any other state.
218	Notice mustshallbe sent by certified mail, return receipt
219	requested, to the owner of the vehicle or vessel and the person
220	having the recorded lien on the vehicle or vessel at the address
221	shown on the records of the registering agency and mustshallbe
222	mailed at leastnot less than15 days before the date of the
223	sale. After diligent search and inquiry, if the name and address
224	of the registered owner or the owner of the recorded lien cannot
225	be ascertained, the requirements of notice by mail may be
226	dispensed with. In addition to the notice by mail, public
227	notice of the time and place of sale mustshallbe made by
228	publishing a notice of the salethereofone time, at least 10
229	days beforeprior tothe date of the sale, in a newspaper of
230	general circulation in the county in which the sale is to be
231	held. The proceeds of the sale, after payment of reasonable
232	towing and storage charges, costs of the sale, and the unpaid
233	lot rental amount, in that order of priority, mustshallbe
234	deposited with the clerk of the circuit court for the county if
235	the owner is absent, and the clerk shall hold thesuchproceeds
236	subject to the claim of the person legally entitled to those
237	proceedsthereto. The clerk isshall beentitled to receive 5
238	percent of thesuch proceeds for the care and disbursement of
239	the proceedsthereof. The certificate of title issued under this
240	section mustlaw shallbe discharged of all liens unless
241	otherwise provided by court order.
242	(7)(a) A wrecker company, its wrecker operators, and other
243	employees or agents of the wrecker companyoperatorrecovering,
244	towing, or storing vehicles,or vessels, or mobile homes areis
245	not liable for damages connected with thosesuchservices, theft
246	of thesuch vehicles,or vessels, or mobile homes, or theft of
247	personal property contained in thesuch vehicles,or vessels, or
248	mobile homes, if thoseprovided that such services arehave been
249	performed with reasonable care and ifprovided, further, that,
250	in the case of removal of a vehicle,or vessel, or mobile home
251	upon the request of a person purporting, and reasonably
252	appearing, to be the property owner or lessee, or a person
253	authorized by the owner or lessee, of the realproperty from
254	which thesuch vehicle,or vessel, or mobile home is removed,
255	thesuchremoval has been done in compliance with s. 715.07.
256	Further, a wrecker company, its wrecker operators, and other
257	employees or agents of the wrecker company areoperator isnot
258	liable for damage connected with thosesuchservices when
259	complying with the lawful directions of a law enforcement
260	officer to remove a vehicle stopped, standing, or parked upon a
261	street or highway in such a position that obstructsas to
262	obstruct the normal movement of traffic or that createsin such
263	a condition as to createa hazard to other traffic upon the
264	street or highway.
265	(b) Employees or authorized agents of the Department of
266	Transportation or an authorized or unauthorized wrecker company,
267	as defined in s. 321.051 or s. 323.002, may remove a vehicle or
268	vehicle cargo from a public road without consent of the owner or
269	operator of the vehicle or vehicle cargo upon request of a law
270	enforcement officer as defined in s. 112.531, a sheriff or
271	deputy sheriff as defined in s. 30.072, or a firefighter as
272	defined in s. 112.81. The employee or authorized agent of the
273	Department of Transportation, the wrecker company, its wrecker
274	operators, and other employees or agents of the wrecker company,
275	the law enforcement officer, sheriff, or deputy sheriff, and the
276	firefighters and emergency medical services providers are not
277	liable for any property damages or claims of damage for the
278	removal if the vehicle or vehicle cargo is removed because it
279	presents an imminent public safety hazard.
280	(c)(b) For the purposes of this subsection, a wrecker
281	company, its wrecker operators, and other employees or agents of
282	the wrecker company areoperator ispresumed to use reasonable
283	care to prevent the theft of a vehicle or vessel or of any
284	personal property contained in thesuchvehicle stored in the
285	wrecker company'soperator'sstorage facility if all of the
286	following apply:
287	1. The wrecker companyoperatorsurrounds the storage
288	facility with a chain-link or solid-wall type fence at least 6
289	feet in height;
290	2. The wrecker company illuminatesoperator has
291	illuminatedthe storage facility with lighting of sufficient
292	intensity to reveal persons and vehicles at a distance of at
293	least 150 feet during nighttime; and
294	3. The wrecker companyoperatoruses one or more of the
295	following security methods to discourage theft of vehicles or
296	vessels or of any personal property contained in such vehicles
297	or vessels stored in the wrecker company'soperator'sstorage
298	facility:
299	a. A night dispatcher or watchman remains on duty at the
300	storage facility from sunset to sunrise;
301	b. A security dog remains at the storage facility from
302	sunset to sunrise;
303	c. Security cameras or other similar surveillance devices
304	monitor the storage facility; or
305	d. A security guard service examines the storage facility
306	at least once each hour from sunset to sunrise.
307	(d)(c)Any law enforcement agency requesting that a motor
308	vehicle be removed from an accident scene, street, or highway
309	must conduct an inventory and prepare a written record of all
310	personal property found in the vehicle before the vehicle is
311	removed by a wrecker operator. However, if the owner or driver
312	of the motor vehicle is present and accompanies the vehicle, an
313	no inventory by law enforcement is not required. A wrecker
314	company, its wrecker operators, and other employees or agents of
315	the wrecker company areoperator isnot liable for the loss of
316	personal property alleged to be contained in such a vehicle when
317	thesuchpersonal property was not identified on the inventory
318	record prepared by the law enforcement agency requesting the
319	removal of the vehicle.
320	(8) A wrecker company and its wrecker operators, excluding
321	person regularly engaged in the business of recovering, towing,
322	or storing vehicles or vessels, excepta person licensed under
323	chapter 493 while engaged in "repossession" activities as
324	defined in s. 493.6101, may not operate a wrecker, tow truck, or
325	car carrierunless the name, address, and telephone number of
326	the wrecker company performing the wrecker servicesserviceis
327	clearly printed in contrasting colors on the driver and
328	passenger sides of the wreckerits vehicle. The name must be in
329	at least 3-inch permanently affixed letters, and the address and
330	telephone number must be in at least 1-inch permanently affixed
331	letters.
332	(9) Failure to make good faith best efforts to comply with
333	the notice requirements of this section precludesshall preclude
334	the imposition of any storage charges against thesuchvehicle
335	or vessel.
336	(10) Each wrecker company that providesPersons who
337	provide services underpursuant to this section mustshall
338	permit vehicle or vessel owners or their agents, which agency is
339	evidenced by a writing acknowledged by the owner before a notary
340	public or other person empowered by law to administer oaths, to
341	inspect the towed vehicle or vessel and mustshallrelease to
342	the owner or agent all personal property not affixed to the
343	vehicle or vessel which was in the vehicle or vessel at the time
344	the vehicle or vessel came into the custody of the wrecker
345	companyperson providing thosesuchservices.
346	(11)(a) A wrecker company or mobile home transport company
347	thatAny person regularly engaged in the business of recovering,
348	towing, or storing vehicles or vessels whocomes into possession
349	of a vehicle,or vessel, or mobile home underpursuant to
350	subsection (2) and that complieswho has complied with the
351	provisions of subsections (3) and (6), when thesuch vehicle,or
352	vessel, or mobile homeis to be sold for purposes of being
353	dismantled, destroyed, or changed in asuchmanner that it is
354	not the motor vehicle, vessel, or mobile home described in the
355	certificate of title, mustshallapply to the county tax
356	collector for a certificate of destruction. A certificate of
357	destruction, which authorizes the dismantling or destruction of
358	the vehicle,or vessel, or mobile home described on the
359	certificatetherein, isshall be reassignable no more than twice
360	a maximum of two timesbefore dismantling or destruction of the
361	vehicle isshall be required, and the certificate mustshall
362	accompany the vehicle,or vessel, or mobile homefor which it is
363	issued, when thesuch vehicle,or vessel, or mobile homeis sold
364	for that purposesuch purposes, in lieu of a certificate of
365	title. The application for a certificate of destruction must
366	include an affidavit from the applicant that it has complied
367	with all applicable requirements of this section and, if the
368	vehicle,or vessel, or mobile homeis not registered in this
369	state, by a statement from a law enforcement officer that the
370	vehicle,or vessel, or mobile home is not reported stolen, and
371	must alsoshall be accompanied by any othersuch documentation
372	as may berequired by the department.