Senate Bill sb0492c1

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    Florida Senate - 2005                            CS for SB 492

    By the Committee on Judiciary; and Senators Bennett and Crist





    590-1710-05

  1                      A bill to be entitled

  2         An act relating to wrecker operators; amending

  3         s. 319.30, F.S.; redefining the term

  4         "certificate of destruction," to conform;

  5         amending s. 323.001, F.S.; revising certain

  6         towing and storage rates; amending s. 713.78,

  7         F.S.; conforming provisions related to

  8         recovering, towing, or storing vessels;

  9         providing for attorney's fees; creating s.

10         713.785, F.S.; authorizing the imposition of

11         lien by a mobile home transport company for

12         recovering, towing, or storing a mobile home;

13         providing definitions; requiring a mobile home

14         transport company to provide notice of

15         recovery, towing, or storage services;

16         providing for the filing of a complaint;

17         providing procedures for the sale of an

18         unclaimed mobile home; specifying circumstances

19         under which a mobile home transport company

20         must obtain a certificate of destruction;

21         providing for fees; authorizing the department

22         to adopt rules; providing for fees; providing

23         for issuing certificates of destruction and

24         revalidation stickers; providing procedures for

25         disputing a lien and for discharge of a lien;

26         providing for the posting and repayment of

27         surety; providing for criminal penalties;

28         amending s. 715.07, F.S.; conforming provisions

29         related to towing vessels parked on private

30         property; imposing criminal penalties for

31         failure to comply with certain laws governing

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    Florida Senate - 2005                            CS for SB 492
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 1         the towing of vehicles and vessels; providing

 2         effective dates.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Paragraph (a) of subsection (1) of section

 7  319.30, Florida Statutes, is amended to read:

 8         319.30  Definitions; dismantling, destruction, change

 9  of identity of motor vehicle or mobile home; salvage.--

10         (1)  As used in this section, the term:

11         (a)  "Certificate of destruction" means the certificate

12  issued pursuant to s. 713.78(11) or s. 713.785(7)(a).

13         Section 2.  Subsection (1) of section 323.001, Florida

14  Statutes, is republished, and paragraph (c) of subsection (2)

15  of that section is amended, to read:

16         323.001  Wrecker operator storage facilities; vehicle

17  holds.--

18         (1)  An investigating agency may place a hold on a

19  motor vehicle stored within a wrecker operator's storage

20  facility for a period not to exceed 5 days, excluding holidays

21  and weekends, unless extended in writing.

22         (2)  The investigating agency must notify the wrecker

23  operator in writing within 5 days, excluding holidays and

24  weekends, whether the hold is to be continued. If no

25  notification follows this period of time, the wrecker operator

26  may release the vehicle to the designated person pursuant to

27  s. 713.78.

28         (c)  The towing and storage rates for the owner or

29  lienholder of the held vehicle shall not exceed the contract

30  or county rates for the investigating agency.

31  

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    Florida Senate - 2005                            CS for SB 492
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 1         Section 3.  Subsections (2), (4), (5), (7), and (10) of

 2  section 713.78, Florida Statutes, are amended to read:

 3         713.78  Liens for recovering, towing, or storing

 4  vehicles and vessels.--

 5         (2)  Whenever a person regularly engaged in the

 6  business of transporting vehicles or vessels by wrecker, tow

 7  truck, or car carrier recovers, removes, or stores a vehicle,

 8  vessel, or mobile home upon instructions from:

 9         (a)  The owner thereof; or

10         (b)  The owner or lessor, or a person authorized by the

11  owner or lessor, of property on which such vehicle or vessel

12  is wrongfully parked, and such removal is done in compliance

13  with s. 715.07; or

14         (c)  Any law enforcement agency; or

15         (d)  A mobile home park owner as defined in s. 723.003

16  who has a current writ of possession for a mobile home lot

17  pursuant to s. 723.061,

18  

19  she or he shall have a lien on such vehicle or vessel for a

20  reasonable towing fee and for a reasonable storage fee; except

21  that no storage fee shall be charged if such vehicle is stored

22  for less than 6 hours.

23         (4)(a)  Any person regularly engaged in the business of

24  recovering, towing, or storing vehicles or vessels who comes

25  into possession of a vehicle or vessel pursuant to subsection

26  (2), and who claims a lien for recovery, towing, or storage

27  services, shall give notice to the registered owner, the

28  insurance company insuring the vehicle notwithstanding the

29  provisions of s. 627.736, and to all persons claiming a lien

30  thereon, as disclosed by the records in the Department of

31  

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    Florida Senate - 2005                            CS for SB 492
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 1  Highway Safety and Motor Vehicles or of a corresponding agency

 2  in any other state.

 3         (b)  Whenever any law enforcement agency authorizes the

 4  removal of a vehicle or vessel or whenever any towing service,

 5  garage, repair shop, or automotive service, storage, or

 6  parking place notifies the law enforcement agency of

 7  possession of a vehicle or vessel pursuant to s.

 8  715.07(2)(a)2., the applicable law enforcement agency shall

 9  contact the Department of Highway Safety and Motor Vehicles,

10  or the appropriate agency of the state of registration, if

11  known, within 24 hours through the medium of electronic

12  communications, giving the full description of the vehicle or

13  vessel. Upon receipt of the full description of the vehicle or

14  vessel, the department shall search its files to determine the

15  owner's name, the insurance company insuring the vehicle or

16  vessel, and whether any person has filed a lien upon the

17  vehicle or vessel as provided in s. 319.27(2) and (3) and

18  notify the applicable law enforcement agency within 72 hours.

19  The person in charge of the towing service, garage, repair

20  shop, or automotive service, storage, or parking place shall

21  obtain such information from the  applicable law enforcement

22  agency within 5 days from the date of storage and shall give

23  notice pursuant to paragraph (a). The department may release

24  the insurance company information to the requestor

25  notwithstanding the provisions of s. 627.736.

26         (c)  Notice by certified mail, return receipt

27  requested, shall be sent within 7 business days after the date

28  of storage of the vehicle or vessel to the registered owner,

29  the insurance company insuring the vehicle notwithstanding the

30  provisions of s. 627.736, and all persons of record claiming a

31  lien against the vehicle or vessel.  It shall state the fact

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    Florida Senate - 2005                            CS for SB 492
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 1  of possession of the vehicle or vessel, that a lien as

 2  provided in subsection (2) is claimed, that charges have

 3  accrued and the amount thereof, that the lien is subject to

 4  enforcement pursuant to law, and that the owner or lienholder,

 5  if any, has the right to a hearing as set forth in subsection

 6  (5), and that any vehicle or vessel which remains unclaimed,

 7  or for which the charges for recovery, towing, or storage

 8  services remain unpaid, may be sold free of all prior liens

 9  after 35 days if the vehicle or vessel is more than 3 years of

10  age or after 50 days if the vehicle or vessel is 3 years of

11  age or less.

12         (d)  If attempts to locate the name and address of the

13  owner or lienholder prove unsuccessful, the towing-storage

14  operator shall, after 7 working days, excluding Saturday and

15  Sunday, of the initial tow or storage, notify the public

16  agency of jurisdiction in writing by certified mail or

17  acknowledged hand delivery that the towing-storage company has

18  been unable to locate the name and address of the owner or

19  lienholder and a physical search of the vehicle or vessel has

20  disclosed no ownership information and a good faith effort has

21  been made. For purposes of this paragraph and subsection (9),

22  "good faith effort" means that the following checks have been

23  performed by the company to establish prior state of

24  registration and for title:

25         1.  Check of vehicle or vessel for any type of tag, tag

26  record, temporary tag, or regular tag.

27         2.  Check of law enforcement report for tag number or

28  other information identifying the vehicle or vessel, if the

29  vehicle or vessel was towed at the request of a law

30  enforcement officer.

31  

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    Florida Senate - 2005                            CS for SB 492
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 1         3.  Check of trip sheet or tow ticket of tow truck

 2  operator to see if a tag was on vehicle or vessel at beginning

 3  of tow, if private tow.

 4         4.  If there is no address of the owner on the impound

 5  report, check of law enforcement report to see if an

 6  out-of-state address is indicated from driver license

 7  information.

 8         5.  Check of vehicle or vessel for inspection sticker

 9  or other stickers and decals that may indicate a state of

10  possible registration.

11         6.  Check of the interior of the vehicle or vessel for

12  any papers that may be in the glove box, trunk, or other areas

13  for a state of registration.

14         7.  Check of vehicle for vehicle identification number.

15         8.  Check of vessel for vessel registration number.

16         9.  Check of vessel hull for a hull identification

17  number which should be carved, burned, stamped, embossed, or

18  otherwise permanently affixed to the outboard side of the

19  transom or, if there is no transom, to the outmost seaboard

20  side at the end of the hull that bears the rudder or other

21  steering mechanism.

22         (5)(a)  The owner of a vehicle or vessel removed

23  pursuant to the provisions of subsection (2), or any person

24  claiming a lien, other than the towing-storage operator,

25  within 10 days after the time she or he has knowledge of the

26  location of the vehicle or vessel, may file a complaint in the

27  county court of the county in which the vehicle or vessel is

28  stored or in which the owner resides to determine if her or

29  his property was wrongfully 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 or vessel released upon posting

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    Florida Senate - 2005                            CS for SB 492
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 1  with the court a cash or surety bond or other adequate

 2  security equal to the amount of the charges for towing or

 3  storage and lot rental amount to ensure the payment of such

 4  charges in the event she or he does not prevail.  Upon the

 5  posting of the bond and the payment of the applicable fee set

 6  forth in s. 28.24, the clerk of the court shall issue a

 7  certificate notifying the lienor of the posting of the bond

 8  and directing the lienor to release the vehicle or vessel. At

 9  the time of such release, after reasonable inspection, she or

10  he shall give a receipt to the towing-storage company reciting

11  any claims she or he has for loss or damage to the vehicle or

12  vessel or the contents thereof.

13         (c)  Upon determining the respective rights of the

14  parties, the court may award damages, attorney's fees, and

15  costs in favor of the prevailing party.  In any event, the

16  final order shall provide for immediate payment in full of

17  recovery, towing, and storage fees by the vehicle or vessel

18  owner or lienholder; or the agency ordering the tow; or the

19  owner, lessee, or agent thereof of the property from which the

20  vehicle or vessel was removed.

21         (7)(a)  A wrecker operator recovering, towing, or

22  storing vehicles or vessels is not liable for damages

23  connected with such services, theft of such vehicles or

24  vessels, or theft of personal property contained in such

25  vehicles or vessels, provided that such services have been

26  performed with reasonable care and provided, further, that, in

27  the case of removal of a vehicle or vessel upon the request of

28  a person purporting, and reasonably appearing, to be the owner

29  or lessee, or a person authorized by the owner or lessee, of

30  the property from which such vehicle or vessel is removed,

31  such removal has been done in compliance with s. 715.07.

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 1  Further, a wrecker operator is not liable for damage to a

 2  vehicle, vessel, or cargo that obstructs the normal movement

 3  of traffic or creates a hazard to traffic and is removed in

 4  compliance with the request of a law enforcement officer.

 5  connected with such services when complying with the lawful

 6  directions of a law enforcement officer to remove a vehicle

 7  stopped, standing, or parked upon a street or highway in such

 8  a position as to obstruct the normal movement of traffic or in

 9  such a condition as to create a hazard to other traffic upon

10  the street or highway.

11         (b)  For the purposes of this subsection, a wrecker

12  operator is presumed to use reasonable care to prevent the

13  theft of a vehicle or vessel or of any personal property

14  contained in such vehicle stored in the wrecker operator's

15  storage facility if all of the following apply:

16         1.  The wrecker operator surrounds the storage facility

17  with a chain-link or solid-wall type fence at least 6 feet in

18  height;

19         2.  The wrecker operator has illuminated the storage

20  facility with lighting of sufficient intensity to reveal

21  persons and vehicles at a distance of at least 150 feet during

22  nighttime; and

23         3.  The wrecker operator uses one or more of the

24  following security methods to discourage theft of vehicles or

25  vessels or of any personal property contained in such vehicles

26  or vessels stored in the wrecker operator's storage facility:

27         a.  A night dispatcher or watchman remains on duty at

28  the storage facility from sunset to sunrise;

29         b.  A security dog remains at the storage facility from

30  sunset to sunrise;

31  

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    Florida Senate - 2005                            CS for SB 492
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 1         c.  Security cameras or other similar surveillance

 2  devices monitor the storage facility; or

 3         d.  A security guard service examines the storage

 4  facility at least once each hour from sunset to sunrise.

 5         (c)  Any law enforcement agency requesting that a motor

 6  vehicle be removed from an accident scene, street, or highway

 7  must conduct an inventory and prepare a written record of all

 8  personal property found in the vehicle before the vehicle is

 9  removed by a wrecker operator. However, if the owner or driver

10  of the motor vehicle is present and accompanies the vehicle,

11  no inventory by law enforcement is required. A wrecker

12  operator is not liable for the loss of personal property

13  alleged to be contained in such a vehicle when such personal

14  property was not identified on the inventory record prepared

15  by the law enforcement agency requesting the removal of the

16  vehicle.

17         (10)  Persons who provide services pursuant to this

18  section shall permit vehicle or vessel owners or their agents,

19  which agency is evidenced by an original a writing

20  acknowledged by the owner before a notary public or other

21  person empowered by law to administer oaths, to inspect the

22  towed vehicle or vessel and shall release to the owner or

23  agent the vehicle, vessel, or all personal property not

24  affixed to the vehicle or vessel which was in the vehicle or

25  vessel at the time the vehicle or vessel came into the custody

26  of the person providing such services.

27         Section 4.  Effective January 1, 2006, section 713.785,

28  Florida Statutes, is created to read:

29         713.785  Liens for recovering, towing, or storing

30  mobile homes.--

31         (1)  As used in this section, the term:

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 1         (a)  "Mobile home transport company" means a person

 2  regularly engaged in the business of transporting mobile

 3  homes.

 4         (b)  "Store" means a mobile home transport company has

 5  legal possession of a mobile home either on the mobile home

 6  transport company's property or on any other property.

 7         (c)  "Unpaid lot rental amount" or "rent" means any

 8  unpaid financial obligations of the mobile home owner or

 9  tenant to the mobile home park owner defined as "lot rental

10  amount" in s. 723.003 or "rent" in part II of chapter 83 and

11  includes any amounts defined as storage charges in s. 723.084.

12         (2)  If the mobile home transport company recovers,

13  removes, or stores a mobile home upon instructions from:

14         (a)  The owner of the mobile home;

15         (b)  Any law enforcement agency; or

16         (c)  A mobile home park owner as defined in s. 723.003

17  who has a current writ of possession for a mobile home lot

18  under s. 723.062 or s. 83.62,

19  

20  the mobile home transport company has a lien on the mobile

21  home for a reasonable towing fee and for a reasonable storage

22  fee.

23         (3)(a)  A mobile home transport company that comes into

24  possession of a mobile home under subsection (2) and that

25  claims a lien for recovery, towing, or storage services must

26  give notice to the registered owner and to all persons

27  claiming a lien on the mobile home, as disclosed by the

28  records in the Department of Highway Safety and Motor Vehicles

29  or of a corresponding agency in any other state.

30         (b)  Notice by certified mail, return receipt

31  requested, shall be sent within 7 business days after the date

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 1  of storage of the mobile home to the registered owner at the

 2  owner's last known address, and all persons of record claiming

 3  a lien against the mobile home. The notice shall state the

 4  fact of possession of the mobile home, that a lien as provided

 5  in subsection (2) is claimed, that charges have accrued and

 6  the amount thereof, that the lien is subject to enforcement

 7  under law and that the owner or lienholder, if any, has the

 8  right to a hearing as set forth in subsection (4), and that

 9  any mobile home which remains unclaimed, or for which charges

10  remain unpaid, may be sold free of all prior liens after 35

11  days.

12         (4)(a)  The owner of a mobile home stored under

13  subsection (2), or any person claiming a lien of record, other

14  than the mobile home transport company, within 10 days after

15  the time she or he has knowledge of the location of the mobile

16  home, may file a complaint in the court of the county in which

17  the mobile home is stored, to determine if her or his property

18  was wrongfully taken or withheld from her or him.

19         (b)  Upon filing of a complaint, an owner or lienholder

20  may have the mobile home released upon posting with the court

21  a cash or surety bond or other adequate security equal to the

22  amount of the charges for towing or storage and lot rental

23  amount due and owing at that time to ensure the payment of the

24  charges in the event she or he does not prevail. Upon the

25  posting of the bond and the payment of the applicable fee set

26  forth in s. 28.24, the clerk of the court shall issue a

27  certificate notifying the mobile home transport company of the

28  posting of the bond and directing the mobile home transport

29  company to release the mobile home. At the time of the

30  release, after reasonable inspection, she or he shall give a

31  receipt to the mobile home transport company citing any claims

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 1  she or he has for loss or damage to the mobile home or the

 2  contents thereof.

 3         (c)  Upon determining the respective rights of the

 4  parties, the court may award damages and costs in favor of the

 5  prevailing party. The final order shall provide for immediate

 6  payment in full of any lien for recovery, towing, and storage

 7  fees and any unpaid lot rental amount accruing until the time

 8  the home is removed from the property, by the mobile home

 9  owner or lienholder, or the owner, lessee, or agent thereof of

10  the property from which the mobile home was removed.

11         (5)  A mobile home that is stored under subsection (2)

12  and which remains unclaimed, or for which reasonable charges

13  for recovery, towing, or storing remain unpaid or for which a

14  lot rental amount is due and owing to the mobile home park

15  owner as evidenced by a judgment for unpaid rent and any

16  contents of the mobile home not released under subsection (9),

17  may be sold by the mobile home transport company for the

18  towing or storage charge and any unpaid lot rental amount 35

19  days after the mobile home is stored by a mobile home

20  transport company. The sale shall be at public auction for

21  cash. If the date of the sale was not included in the notice

22  required by subsection (3), notice of the sale must be given

23  to the person in whose name the mobile home is registered at

24  her or his last known address, to the mobile home park owner,

25  and to all persons claiming a lien on the mobile home as shown

26  on the records of the Department of Highway Safety and Motor

27  Vehicles or of the corresponding agency in any other state.

28  Notice must be sent by certified mail, return receipt

29  requested, at least 15 days before the date of the sale. After

30  diligent search and inquiry, if the name and address of the

31  registered owner or the owner of the recorded lien cannot be

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 1  ascertained, the requirements of notice by mail may be

 2  dispensed with. In addition to the notice by mail, public

 3  notice of the time and place of sale must be made by

 4  publishing a notice of the sale one time, at least 10 days

 5  before the date of the sale, in a newspaper of general

 6  circulation in the county in which the sale is to be held. The

 7  proceeds of the sale, after payment of reasonable towing and

 8  storage charges, costs of the sale, and the unpaid lot rental

 9  amount as evidenced by the judgment for unpaid lot rental and

10  an affidavit executed by the mobile home park owner or the

11  owner's agent establishing the amount of unpaid lot rental

12  amount through the date of the sale, in that order of

13  priority, must be deposited with the clerk of the circuit

14  court for the county if the owner is absent, and the clerk

15  shall hold the proceeds subject to the claim of the person

16  legally entitled to those proceeds. The clerk is entitled to

17  receive 5 percent of the proceeds for the care and

18  disbursement of the proceeds. The certificate of title issued

19  under this section shall be discharged of all liens unless

20  otherwise provided by court order.

21         (6)  The mobile home transport company, the landlord or

22  his or her agent, or any subsequent purchaser for value are

23  not responsible to the tenant or any other party for loss,

24  destruction, or damage to the mobile home or other personal

25  property after coming into possession of the mobile home under

26  this section, provided the mobile home transport company, the

27  landlord, or their agents use reasonable care in storing the

28  mobile home. As used in this subsection, the term "reasonable

29  care" means securing the mobile home by changing door locks,

30  or any similar methods for securing the mobile home, in place

31  in the mobile home park or in a separate storage area.

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 1         (7)(a)  A mobile home transport company that comes into

 2  possession of a mobile home under subsection (2) and that

 3  complies with subsection (3), if the mobile home is to be sold

 4  for purposes of being dismantled, destroyed, or changed so

 5  that it is not the mobile home described in the certificate of

 6  title, must apply to the county tax collector for a

 7  certificate of destruction. A certificate of destruction,

 8  which authorizes the dismantling or destruction of the mobile

 9  home described in the certificate, is reassignable no more

10  than twice before dismantling or destruction of the mobile

11  home and the certificate must accompany the mobile home for

12  which it is issued when the mobile home is sold for that

13  purpose, in lieu of a certificate of title. The application

14  for a certificate of destruction must include an affidavit

15  from the applicant that it has complied with all applicable

16  requirements of this section; must, if the mobile home is not

17  registered in this state, include a statement from a law

18  enforcement officer that the mobile home is not reported

19  stolen; and shall be accompanied by any other documentation as

20  may be required by the department.

21         (b)  The Department of Highway Safety and Motor

22  Vehicles shall charge a fee of $3 for each certificate of

23  destruction. The tax collector who processes the application

24  shall collect and retain a service charge of $4.25.

25         (c)  The Department of Highway Safety and Motor

26  Vehicles may adopt rules to administer this subsection.

27         (d)  Employees of the Department of Highway Safety and

28  Motor Vehicles and law enforcement officers may inspect the

29  records of each mobile home transport company in this state to

30  ensure compliance with this section.

31  

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 1         (8)(a)  Upon receipt by the Department of Highway

 2  Safety and Motor Vehicles of written notice from a mobile home

 3  transport company that claims a lien under paragraph (2)(b) or

 4  paragraph (2)(c) for recovery, towing, or storage of a mobile

 5  home for which a certificate of destruction has been issued

 6  under subsection (7), the department shall place the name of

 7  the registered owner of that mobile home on the list of those

 8  persons who may not be issued a revalidation sticker under s.

 9  320.03. If the mobile home is owned jointly by more than one

10  person, the name of each registered owner must be placed on

11  the list. The notice of a mobile home transport company's lien

12  must be submitted on forms provided by the department, which

13  must include:

14         1.  The name, address, and telephone number of the

15  mobile home transport company.

16         2.  The name of the registered owner of the mobile home

17  and the address to which the mobile home transport company

18  provided notice of the lien to the registered owner under

19  subsection (3).

20         3.  A general description of the mobile home, including

21  its color, make, model, body style, and year.

22         4.  The mobile home sticker number, state, and year or

23  other identification number, as applicable.

24         5.  The name of the person or the corresponding law

25  enforcement agency that requested that the mobile home be

26  recovered, towed, or stored.

27         6.  The amount of the lien, not to exceed the amount

28  allowed by paragraph (b).

29         (b)  For purposes of this subsection, the amount of the

30  mobile home transport company's lien for which the department

31  will prevent issuance of a revalidation sticker may not exceed

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 1  the amount of the charges for recovery, towing, and storage of

 2  the mobile home for 7 days. These charges may not exceed the

 3  maximum rates imposed by the ordinances of the respective

 4  county or municipality under ss. 125.0103(1)(c) and

 5  166.043(1)(c). This paragraph does not limit the amount of a

 6  mobile home transport company's lien claimed under subsection

 7  (2) or prevent a mobile home transport company from seeking

 8  civil remedies for enforcement of the entire amount of the

 9  lien, but limits only that portion of the lien for which the

10  department will prevent issuance of a revalidation sticker.

11         (c)1.  The registered owner of the mobile home may

12  dispute the mobile home transport company's lien by notifying

13  the department of the dispute in writing on forms provided by

14  the department, if at least one of the following applies:

15         a.  The registered owner presents a notarized bill of

16  sale proving that the mobile home was sold in a private or

17  casual sale before the mobile home was recovered, towed, or

18  stored.

19         b.  The registered owner presents proof that the

20  Florida certificate of title of the mobile home was sold to a

21  licensed dealer as defined in s. 319.001 before the mobile

22  home was recovered, towed, or stored.

23         c.  The records of the department were marked to

24  indicate that the mobile home was sold before the issuance of

25  the certificate of destruction under subsection (7).

26  

27  If the registered owner's dispute of a mobile home transport

28  company's lien complies with one of these criteria, the

29  department shall immediately remove the registered owner's

30  name from the list of those persons who may not be issued a

31  revalidation sticker under s. 320.03. If the mobile home is

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 1  owned jointly by more than one person, each registered owner

 2  must dispute the mobile home transport company's lien in order

 3  to be removed from the list. However, the department shall

 4  deny any dispute and maintain the registered owner's name on

 5  the list of those persons who may not be issued a revalidation

 6  sticker if the mobile home transport company has provided the

 7  department with a certified copy of the judgment of a court

 8  which orders the registered owner to pay the mobile home

 9  transport company's lien claimed under this section. In such a

10  case, the amount of the mobile home transport company's lien

11  allowed by paragraph (b) may be increased to include no more

12  than $500 of the reasonable costs and attorney's fees incurred

13  in obtaining the judgment. The department's action under this

14  subparagraph is ministerial in nature, is not final agency

15  action, and is appealable only to the county court for the

16  county in which the mobile home was ordered removed.

17         2.  A person against whom a mobile home transport

18  company's lien has been imposed may alternatively obtain a

19  discharge of the lien by filing a complaint, challenging the

20  validity of the lien or the amount thereof, in the county

21  court of the county in which the mobile home was ordered

22  removed. Upon filing of the complaint, the person may have her

23  or his name removed from the list of those persons who may not

24  be issued a revalidation sticker for any mobile home under s.

25  320.03 upon posting with the court a cash or surety bond or

26  other adequate security equal to the amount of the mobile home

27  transport company's lien to ensure the payment of the lien in

28  the event she or he does not prevail. Upon the posting of the

29  bond and the payment of the applicable fee set forth in s.

30  28.24, the clerk of the court shall issue a certificate

31  notifying the department of the posting of the bond and

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 1  directing the department to release the mobile home transport

 2  company's lien. Upon determining the respective rights of the

 3  parties, the court may award damages and costs in favor of the

 4  prevailing party.

 5         3.  If a person against whom a mobile home transport

 6  company's lien has been imposed does not object to the lien,

 7  but cannot discharge the lien by payment because the mobile

 8  home transport company has moved or gone out of business, the

 9  person may have her or his name removed from the list of those

10  persons who may not be issued a revalidation sticker under s.

11  320.03, upon posting with the clerk of court in the county in

12  which the mobile home was ordered removed a cash or surety

13  bond or other adequate security equal to the amount of the

14  mobile home transport company's lien. Upon the posting of the

15  bond and the payment of the application fee set forth in s.

16  28.24, the clerk of the court shall issue a certificate

17  notifying the department of the posting of the bond and

18  directing the department to release the mobile home transport

19  company's lien. The department shall mail to the mobile home

20  transport company, at the address upon the lien form, notice

21  that the mobile home transport company must claim the security

22  within 60 days or the security will be released to the person

23  who posted it. At the conclusion of the 60 days, the

24  department shall direct the clerk as to which party is

25  entitled to payment of the security, less applicable fees of

26  the clerk.

27         4.  A mobile home transport company's lien expires 5

28  years after filing.

29         (d)  Upon discharge of the amount of the mobile home

30  transport company's lien allowed under paragraph (b), the

31  mobile home transport company must issue a certificate of

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 1  discharged lien on a form provided by the department to each

 2  registered owner of the mobile home attesting that the amount

 3  of the mobile home transport company's lien allowed under

 4  paragraph (b) has been discharged. Upon presentation of the

 5  certificate of discharged lien by the registered owner, the

 6  department shall immediately remove the registered owner's

 7  name from the list of those persons who may not be issued a

 8  revalidation sticker under s. 320.03. Issuance of a

 9  certificate of discharged lien under this paragraph does not

10  discharge the entire amount of the mobile home transport

11  company's lien claimed under subsection (2), but certifies to

12  the department only that the amount of the mobile home

13  transport company's lien allowed by paragraph (b), for which

14  the department will prevent issuance of a revalidation

15  sticker, has been discharged.

16         (e)  When a mobile home transport company files a

17  notice of lien under this subsection, the department shall

18  charge the mobile home transport company a fee of $2, which

19  must be deposited into the General Revenue Fund. The tax

20  collector who processes a notice of lien shall collect and

21  retain a service charge of $2.50.

22         (f)  The Department of Highway Safety and Motor

23  Vehicles may adopt rules to administer this subsection.

24         (9)  Persons who provide services under this section

25  shall permit a mobile home owner or her or his agent, whose

26  agency is evidenced by a writing acknowledged by the owner

27  before a notary public or other person empowered by law to

28  administer oaths, to inspect the mobile home and shall release

29  to the owner or agent all personal property not affixed to the

30  mobile home, provided there exists no landlord's lien for rent

31  under s. 713.691 or s. 713.77.

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 1         (10)  Any person who violates subsection (3),

 2  subsection (5), subsection (6), subsection (7), or subsection

 3  (9) commits a misdemeanor of the first degree, punishable as

 4  provided in s. 775.082 or s. 775.083.

 5         Section 5.  Section 715.07, Florida Statutes, is

 6  amended to read:

 7         715.07  Vehicles or vessels parked on private property;

 8  towing.--

 9         (1)  As used in this section, the term "vehicle" means

10  any mobile item which normally uses wheels, whether motorized

11  or not.

12         (2)  The owner or lessee of real property, or any

13  person authorized by the owner or lessee, which person may be

14  the designated representative of the condominium association

15  if the real property is a condominium, may cause any vehicle

16  or vessel parked on such property without her or his

17  permission to be removed by a person regularly engaged in the

18  business of towing vehicles or vessels, without liability for

19  the costs of removal, transportation, or storage or damages

20  caused by such removal, transportation, or storage, under any

21  of the following circumstances:

22         (a)  The towing or removal of any vehicle or vessel

23  from private property without the consent of the registered

24  owner or other legally authorized person in control of that

25  vehicle or vessel is subject to strict compliance with the

26  following conditions and restrictions:

27         1.a.  Any towed or removed vehicle or vessel must be

28  stored at a site within a 10-mile radius 10 miles of the point

29  of removal in any county of 500,000 population or more, and

30  within a 15-mile radius 15 miles of the point of removal in

31  any county of less than 500,000 population. That site must be

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 1  open for the purpose of redemption of vehicles on any day that

 2  the person or firm towing such vehicle or vessel is open for

 3  towing purposes, from 8:00 a.m. to 6:00 p.m., and, when

 4  closed, shall have prominently posted a sign indicating a

 5  telephone number where the operator of the site can be reached

 6  at all times.  Upon receipt of a telephoned request to open

 7  the site to redeem a vehicle or vessel, the operator shall

 8  return to the site within 1 hour or she or he will be in

 9  violation of this section.

10         b.  If no towing business providing such service is

11  located within the area of towing limitations set forth in

12  sub-subparagraph a., the following limitations apply:  any

13  towed or removed vehicle or vessel must be stored at a site

14  within a 20-mile radius 20 miles of the point of removal in

15  any county of 500,000 population or more, and within a 30-mile

16  radius 30 miles of the point of removal in any county of less

17  than 500,000 population.

18         2.  The person or firm towing or removing the vehicle

19  or vessel shall, within 30 minutes after of completion of such

20  towing or removal, notify the municipal police department or,

21  in an unincorporated area, the sheriff, of such towing or

22  removal, the storage site, the time the vehicle or vessel was

23  towed or removed, and the make, model, color, and license

24  plate number of the vehicle or description and registration

25  number of the vessel and shall obtain the name of the person

26  at that department to whom such information was reported and

27  note that name on the trip record.

28         3.  A person in the process of towing or removing a

29  vehicle or vessel from the premises or parking lot in which

30  the vehicle or vessel is not lawfully parked must stop when a

31  person seeks the return of the vehicle or vessel. The vehicle

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 1  or vessel must be returned upon the payment of a reasonable

 2  service fee of not more than one-half of the posted rate for

 3  the towing or removal service as provided in subparagraph 6.

 4  The vehicle or vessel may be towed or removed if, after a

 5  reasonable opportunity, the owner or legally authorized person

 6  in control of the vehicle or vessel is unable to pay the

 7  service fee. If the vehicle or vessel is redeemed, a detailed

 8  signed receipt must be given to the person redeeming the

 9  vehicle or vessel. If the registered owner or other legally

10  authorized person in control of the vehicle arrives at the

11  scene prior to removal or towing of the vehicle, the vehicle

12  shall be disconnected from the towing or removal apparatus,

13  and that person shall be allowed to remove the vehicle without

14  interference upon the payment of a reasonable service fee of

15  not more than one-half of the posted rate for such towing

16  service as provided in subparagraph 6., for which a receipt

17  shall be given, unless that person refuses to remove the

18  vehicle which is otherwise unlawfully parked.

19         4.  A person may not pay or accept money or other

20  valuable consideration for the privilege of towing or removing

21  vehicles or vessels from a particular location. The rebate or

22  payment of money or any other valuable consideration from the

23  individual or firm towing or removing vehicles to the owners

24  or operators of the premises from which the vehicles are towed

25  or removed, for the privilege of removing or towing those

26  vehicles, is prohibited.

27         5.  Except for property appurtenant to and obviously a

28  part of a single-family residence, and except for instances

29  when notice is personally given to the owner or other legally

30  authorized person in control of the vehicle or vessel that the

31  area in which that vehicle or vessel is parked is reserved or

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 1  otherwise unavailable for unauthorized vehicles or vessels and

 2  that the vehicle or vessel is subject to being removed at the

 3  owner's or operator's expense, any property owner or lessee,

 4  or person authorized by the property owner or lessee, prior to

 5  towing or removing any vehicle or vessel from private property

 6  without the consent of the owner or other legally authorized

 7  person in control of that vehicle or vessel, 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 or vessels, if the property owner, lessee, or person

23  in control of the property has a written contract with the

24  towing 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 or vessels.

31  

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 1         e.  The local government may require permitting and

 2  inspection of these signs prior to any towing or removal of

 3  vehicles or vessels 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 or Vessels Will be Towed

 8  Away At the Owner's Expense" in not less than 4-inch high,

 9  light-reflective letters on a contrasting background.

10         g.  A property owner towing or removing vessels from

11  real property must post notice, consistent with the

12  requirements in sub-subparagraphs a.-f., which apply to

13  vehicles, that unauthorized vehicles or vessels will be towed

14  away at the owner's expense.

15  

16  A business owner or lessee may authorize the removal of a

17  vehicle or vessel by a towing company when the vehicle or

18  vessel is parked in such a manner that restricts the normal

19  operation of business; and if a vehicle or vessel parked on a

20  public right-of-way obstructs access to a private driveway the

21  owner, lessee, or agent may have the vehicle or vessel removed

22  by a towing company upon signing an order that the vehicle or

23  vessel be removed without a posted tow-away zone sign.

24         6.  Any person or firm that tows or removes vehicles or

25  vessels and proposes to require an owner, operator, or person

26  in control of a vehicle or vessel to pay the costs of towing

27  and storage prior to redemption of the vehicle or vessel must

28  file and keep on record with the local law enforcement agency

29  a complete copy of the current rates to be charged for such

30  services and post at the storage site an identical rate

31  schedule and any written contracts with property owners,

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 1  lessees, or persons in control of property which authorize

 2  such person or firm to remove vehicles or vessels as provided

 3  in this section.

 4         7.  Any person or firm towing or removing any vehicles

 5  or vessels from private property without the consent of the

 6  owner or other legally authorized person in control of the

 7  vehicles or vessels shall, on any trucks, wreckers as defined

 8  in s. 713.78(1)(c), or other vehicles used in the towing or

 9  removal, have the name, address, and telephone number of the

10  company performing such service clearly printed in contrasting

11  colors on the driver and passenger sides of the vehicle.  The

12  name shall be in at least 3-inch permanently affixed letters,

13  and the address and telephone number shall be in at least

14  1-inch permanently affixed letters.

15         8.  Vehicle entry for the purpose of removing the

16  vehicle or vessel shall be allowed with reasonable care on the

17  part of the person or firm towing the vehicle or vessel.  Such

18  person or firm shall be liable for any damage occasioned to

19  the vehicle or vessel if such entry is not in accordance with

20  the standard of reasonable care.

21         9.  When a vehicle or vessel has been towed or removed

22  pursuant to this section, it must be released to its owner or

23  custodian within one hour after requested. Any vehicle or

24  vessel owner, custodian, or agent shall have the right to

25  inspect the vehicle or vessel before accepting its return, and

26  no release or waiver of any kind which would release the

27  person or firm towing the vehicle or vessel from liability for

28  damages noted by the owner or other legally authorized person

29  at the time of the redemption may be required from any vehicle

30  or vessel owner, custodian, or agent as a condition of release

31  of the vehicle or vessel to its owner.  A detailed, signed

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 1  receipt showing the legal name of the company or person towing

 2  or removing the vehicle or vessel must be given to the person

 3  paying towing or storage charges at the time of payment,

 4  whether requested or not.

 5         (b)  These requirements are shall be the minimum

 6  standards and do shall not preclude enactment of additional

 7  regulations by any municipality or county including the right

 8  to regulate rates when vehicles or vessels are towed from

 9  private property.

10         (3)  This section does not apply to law enforcement,

11  firefighting, rescue squad, ambulance, or other emergency

12  vehicles or vessels that which are marked as such or to

13  property owned by any governmental entity.

14         (4)  When a person improperly causes a vehicle or

15  vessel to be removed, such person shall be liable to the owner

16  or lessee of the vehicle or vessel for the cost of removal,

17  transportation, and storage; any damages resulting from the

18  removal, transportation, or storage of the vehicle or vessel;

19  attorney's attorneys' fees; and court costs.

20         (5)(a)  Any person who violates the provisions of

21  subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is

22  guilty of a misdemeanor of the first degree, punishable as

23  provided in s. 775.082 or s. 775.083.

24         (b)  Any person who violates subparagraph (2)(a)1.,

25  subparagraph (2)(a)3., subparagraph (2)(a)4., the provisions

26  of subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is

27  guilty of a felony of the third degree, punishable as provided

28  in s. 775.082, s. 775.083, or s. 775.084.

29         Section 6.  Except as otherwise expressly provided in

30  this act, this act shall take effect July 1, 2005.

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 492

 3                                 

 4  The committee substitute makes the following changes to the
    underlying bill:
 5  
    --   Clarifies a wrecker operator's liability for damages when
 6       removing vehicles, vessels, and cargo that obstruct or
         create a hazard to traffic;
 7  
    --   Adds procedures authorizing mobile home transport
 8       companies to tow, remove, store, sell, dispose, and
         impose liens on mobile homes;
 9  
    --   Clarifies a wrecker operator's obligation to release an
10       unlawfully parked vehicle or vessel for no more than
         one-half the published rate before the vehicle is removed
11       from a parking lot or premises;

12  --   Prohibits a person from paying or receiving consideration
         for the privilege of towing vehicles from a particular
13       location;

14  --   Reinserts a sentence of existing law that imposes
         liability on wrecker operator's for damages caused by
15       entering a vehicle without reasonable care; and

16  --   Makes several technical and conforming changes.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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