Senate Bill sb0492c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                     CS for CS for SB 492

    By the Committees on Criminal Justice; Judiciary; and Senators
    Bennett and Crist




    591-1853-05

  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.; removing mobile homes from the

  8         application of a statutory lien for towing and

  9         storage; conforming provisions related to

10         recovering, towing, or storing vessels;

11         providing for attorney's fees; creating s.

12         713.785, F.S.; authorizing the imposition of

13         lien by a mobile home transport company for

14         recovering, towing, or storing a mobile home;

15         providing definitions; requiring a mobile home

16         transport company to provide notice of

17         recovery, towing, or storage services;

18         providing for the filing of a complaint;

19         providing procedures for the sale of an

20         unclaimed mobile home; specifying circumstances

21         under which a mobile home transport company

22         must obtain a certificate of destruction;

23         providing for fees; authorizing the department

24         to adopt rules; providing for fees; providing

25         for issuing certificates of destruction and

26         revalidation stickers; providing procedures for

27         disputing a lien and for discharge of a lien;

28         providing for the posting and repayment of

29         surety; providing for criminal penalties;

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

31         related to towing vessels parked on private

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




 1         property; imposing criminal penalties for

 2         failure to comply with certain laws governing

 3         the towing of vehicles and vessels; providing

 4         effective dates.

 5  

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

 7  

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

 9  319.30, Florida Statutes, is amended to read:

10         319.30  Definitions; dismantling, destruction, change

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

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

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

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

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

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

17  of that section is amended, to read:

18         323.001  Wrecker operator storage facilities; vehicle

19  holds.--

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

21  motor vehicle stored within a wrecker operator's storage

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

23  and weekends, unless extended in writing.

24         (2)  The investigating agency must notify the wrecker

25  operator in writing within 5 days, excluding holidays and

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

27  notification follows this period of time, the wrecker operator

28  may release the vehicle to the designated person pursuant to

29  s. 713.78.

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  lienholder of the held vehicle shall not exceed the contract

 3  or county rates for the investigating agency.

 4         Section 3.  Subsections (2), (4), (5), (7), and (10) of

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

 6         713.78  Liens for recovering, towing, or storing

 7  vehicles and vessels.--

 8         (2)  Whenever a person regularly engaged in the

 9  business of transporting vehicles or vessels by wrecker, tow

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

11  or, vessel, or mobile home upon instructions from:

12         (a)  The owner thereof; or

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

14  owner or lessor, of property on which such vehicle is

15  wrongfully parked, and the such removal is done in compliance

16  with s. 715.07; or

17         (c)  Any law enforcement agency; or

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

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

20  pursuant to s. 723.061,

21  

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

23  a reasonable towing fee and for a reasonable storage fee;

24  except that no storage fee shall be charged if the such

25  vehicle is stored for less than 6 hours.

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

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

28  into possession of a vehicle or vessel pursuant to subsection

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

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

31  insurance company insuring the vehicle notwithstanding the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

 3  Highway Safety and Motor Vehicles or of a corresponding agency

 4  in any other state.

 5         (b)  Whenever any law enforcement agency authorizes the

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

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

 8  parking place notifies the law enforcement agency of

 9  possession of a vehicle or vessel pursuant to s.

10  715.07(2)(a)2., the applicable law enforcement agency shall

11  contact the Department of Highway Safety and Motor Vehicles,

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

13  known, within 24 hours through the medium of electronic

14  communications, giving the full description of the vehicle or

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

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

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

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

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

20  notify the applicable law enforcement agency within 72 hours.

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

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

23  obtain such information from the  applicable law enforcement

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

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

26  the insurance company information to the requestor

27  notwithstanding the provisions of s. 627.736.

28         (c)  Notice by certified mail, return receipt

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

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

31  the insurance company insuring the vehicle notwithstanding the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

 3  of possession of the vehicle or vessel, that a lien as

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

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

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

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

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

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

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

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

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

13  age or less.

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

15  owner or lienholder prove unsuccessful, the towing-storage

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

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

18  agency of jurisdiction in writing by certified mail or

19  acknowledged hand delivery that the towing-storage company has

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

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

22  disclosed no ownership information and a good faith effort has

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

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

25  performed by the company to establish prior state of

26  registration and for title:

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

28  record, temporary tag, or regular tag.

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

30  other information identifying the vehicle or vessel, if the

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  enforcement officer.

 3         3.  Check of trip sheet or tow ticket of tow truck

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

 5  of tow, if private tow.

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

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

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

 9  information.

10         5.  Check of vehicle or vessel for inspection sticker

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

12  possible registration.

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

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

15  for a state of registration.

16         7.  Check of vehicle for vehicle identification number.

17         8.  Check of vessel for vessel registration number.

18         9.  Check of vessel hull for a hull identification

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

20  otherwise permanently affixed to the outboard side of the

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

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

23  steering mechanism.

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

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

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

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

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

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

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

31  his property was wrongfully taken or withheld from her or him.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  may have her or his vehicle or vessel released upon posting

 3  with the court a cash or surety bond or other adequate

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

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

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

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

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

 9  certificate notifying the lienor of the posting of the bond

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

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

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

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

14  vessel or the contents thereof.

15         (c)  Upon determining the respective rights of the

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

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

18  final order shall provide for immediate payment in full of

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

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

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

22  vehicle or vessel was removed.

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

24  storing vehicles or vessels is not liable for damages

25  connected with such services, theft of such vehicles or

26  vessels, or theft of personal property contained in such

27  vehicles or vessels, provided that such services have been

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

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

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

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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

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

 6  compliance with the request of a law enforcement officer.

 7  connected with such services when complying with the lawful

 8  directions of a law enforcement officer to remove a vehicle

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

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

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

12  the street or highway.

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

14  operator is presumed to use reasonable care to prevent the

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

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

17  storage facility if all of the following apply:

18         1.  The wrecker operator surrounds the storage facility

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

20  height;

21         2.  The wrecker operator has illuminated the storage

22  facility with lighting of sufficient intensity to reveal

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

24  nighttime; and

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

26  following security methods to discourage theft of vehicles or

27  vessels or of any personal property contained in such vehicles

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

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

30  the storage facility from sunset to sunrise;

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  sunset to sunrise;

 3         c.  Security cameras or other similar surveillance

 4  devices monitor the storage facility; or

 5         d.  A security guard service examines the storage

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

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

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

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

10  personal property found in the vehicle before the vehicle is

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

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

13  no inventory by law enforcement is required. A wrecker

14  operator is not liable for the loss of personal property

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

16  property was not identified on the inventory record prepared

17  by the law enforcement agency requesting the removal of the

18  vehicle.

19         (10)  Persons who provide services pursuant to this

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

21  which agency is evidenced by an original a writing

22  acknowledged by the owner before a notary public or other

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

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

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

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

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

28  of the person providing such services.

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

30  Florida Statutes, is created to read:

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




 1         713.785  Liens for recovering, towing, or storing

 2  mobile homes.--

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

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

 5  regularly engaged in the business of transporting mobile

 6  homes.

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

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

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

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

11  unpaid financial obligations of the mobile home owner or

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

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

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

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

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

17         (a)  The owner of the mobile home;

18         (b)  Any law enforcement agency; or

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

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

21  under s. 723.062 or s. 83.62,

22  

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

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

25  fee.

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

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

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

29  give notice to the registered owner and to all persons

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

31  

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




 1  records in the Department of Highway Safety and Motor Vehicles

 2  or of a corresponding agency in any other state.

 3         (b)  Notice by certified mail, return receipt

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

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

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

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

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

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

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

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

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

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

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

15  days following the eviction proceeding that resulted in the

16  issuance of the writ of possession, provided that any

17  lienholder entitled to notice pursuant to s. 723.084 has

18  received such notice and has failed to act pursuant to s.

19  723.084 to pay storage charges, take possession of the home,

20  or take legal action to foreclose its interest prior to

21  issuance of the writ of possession.

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

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

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

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

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

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

28  was wrongfully taken or withheld from her or him.

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

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

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

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

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

 6  certificate notifying the mobile home transport company of the

 7  posting of the bond and directing the mobile home transport

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

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

10  receipt to the mobile home transport company citing any claims

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

12  contents thereof.

13         (c)  Upon determining the respective rights of the

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

15  prevailing party. The final order shall provide for immediate

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

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

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

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

20  the property from which the mobile home was removed.

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

22  and which remains unclaimed, or for which reasonable charges

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

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

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

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

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

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

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

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

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

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

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

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

 7  Notice must be sent by certified mail, return receipt

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

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

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

11  ascertained, the requirements of notice by mail may be

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

27  receive 5 percent of the proceeds for the care and

28  disbursement of the proceeds. The certificate of title issued

29  under this section shall be discharged of all liens unless

30  otherwise provided by court order.

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

 5  property after coming into possession of the mobile home under

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

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

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

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

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

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

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

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

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

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

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

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

18  certificate of destruction. A certificate of destruction,

19  which authorizes the dismantling or destruction of the mobile

20  home described in the certificate, is reassignable no more

21  than twice before dismantling or destruction of the mobile

22  home and the certificate must accompany the mobile home for

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

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

25  for a certificate of destruction must include an affidavit

26  from the applicant that it has complied with all applicable

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

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

29  enforcement officer that the mobile home is not reported

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

31  may be required by the department.

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




 1         (b)  The Department of Highway Safety and Motor

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

 3  destruction. The tax collector who processes the application

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

 5         (c)  The Department of Highway Safety and Motor

 6  Vehicles may adopt rules to administer this subsection.

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

 8  Motor Vehicles and law enforcement officers may inspect the

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

10  ensure compliance with this section.

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

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

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

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

15  home for which a certificate of destruction has been issued

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

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

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

19  320.03. If the mobile home is owned jointly by more than one

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

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

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

23  must include:

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

25  mobile home transport company.

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

27  and the address to which the mobile home transport company

28  provided notice of the lien to the registered owner under

29  subsection (3).

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

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

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  other identification number, as applicable.

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

 4  enforcement agency that requested that the mobile home be

 5  recovered, towed, or stored.

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

 7  allowed by paragraph (b).

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

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

10  will prevent issuance of a revalidation sticker may not exceed

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

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

13  maximum rates imposed by the ordinances of the respective

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

15  166.043(1)(c). This paragraph does not limit the amount of a

16  mobile home transport company's lien claimed under subsection

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

18  civil remedies for enforcement of the entire amount of the

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

20  department will prevent issuance of a revalidation sticker.

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

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

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

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

25         a.  The registered owner presents a notarized bill of

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

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

28  stored.

29         b.  The registered owner presents proof that the

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

31  

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  home was recovered, towed, or stored.

 3         c.  The records of the department were marked to

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

 5  the certificate of destruction under subsection (7).

 6  

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

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

 9  department shall immediately remove the registered owner's

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

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

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

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

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

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

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

17  sticker if the mobile home transport company has provided the

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

19  which orders the registered owner to pay the mobile home

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

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

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

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

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

25  subparagraph is ministerial in nature, is not final agency

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

27  county in which the mobile home was ordered removed.

28         2.  A person against whom a mobile home transport

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

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

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

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

 5  320.03 upon posting with the court a cash or surety bond or

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

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

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

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

10  28.24, the clerk of the court shall issue a certificate

11  notifying the department of the posting of the bond and

12  directing the department to release the mobile home transport

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

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

15  prevailing party.

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

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

18  but cannot discharge the lien by payment because the mobile

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

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

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

22  320.03, upon posting with the clerk of court in the county in

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

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

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

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

27  28.24, the clerk of the court shall issue a certificate

28  notifying the department of the posting of the bond and

29  directing the department to release the mobile home transport

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

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

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




 1  that the mobile home transport company must claim the security

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

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

 4  department shall direct the clerk as to which party is

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

 6  the clerk.

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

 8  years after filing.

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

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

11  mobile home transport company must issue a certificate of

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

13  registered owner of the mobile home attesting that the amount

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

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

16  certificate of discharged lien by the registered owner, the

17  department shall immediately remove the registered owner's

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

19  revalidation sticker under s. 320.03. Issuance of a

20  certificate of discharged lien under this paragraph does not

21  discharge the entire amount of the mobile home transport

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

23  the department only that the amount of the mobile home

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

25  the department will prevent issuance of a revalidation

26  sticker, has been discharged.

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

28  notice of lien under this subsection, the department shall

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

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

31  

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




 1  collector who processes a notice of lien shall collect and

 2  retain a service charge of $2.50.

 3         (f)  The Department of Highway Safety and Motor

 4  Vehicles may adopt rules to administer this subsection.

 5         (9)  Persons who provide services under this section

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

 7  agency is evidenced by a writing acknowledged by the owner

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

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

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

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

12  under s. 713.691 or s. 713.77.

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

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

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

16  provided in s. 775.082 or s. 775.083.

17         Section 5.  Section 715.07, Florida Statutes, is

18  amended to read:

19         715.07  Vehicles or vessels parked on private property;

20  towing.--

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

22  any mobile item which normally uses wheels, whether motorized

23  or not.

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

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

26  the designated representative of the condominium association

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

28  or vessel parked on such property without her or his

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

30  business of towing vehicles or vessels, without liability for

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

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  of the following circumstances:

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

 4  from private property without the consent of the registered

 5  owner or other legally authorized person in control of that

 6  vehicle or vessel is subject to strict compliance with the

 7  following conditions and restrictions:

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

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

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

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

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

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

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

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

16  closed, shall have prominently posted a sign indicating a

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

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

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

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

21  violation of this section.

22         b.  If no towing business providing such service is

23  located within the area of towing limitations set forth in

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

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

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

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

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

29  than 500,000 population.

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

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

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

 5  plate number of the vehicle or description and registration

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

 7  at that department to whom such information was reported and

 8  note that name on the trip record.

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

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

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

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

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

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

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

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

17  reasonable opportunity, the owner or legally authorized person

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

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

20  signed receipt must be given to the person redeeming the

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

22  authorized person in control of the vehicle arrives at the

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

24  shall be disconnected from the towing or removal apparatus,

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

26  interference upon the payment of a reasonable service fee of

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

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

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

30  vehicle which is otherwise unlawfully parked.

31  

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  valuable consideration for the privilege of towing or removing

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

 4  payment of money or any other valuable consideration from the

 5  individual or firm towing or removing vehicles to the owners

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

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

 8  vehicles, is prohibited.

 9         5.  Except for property appurtenant to and obviously a

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

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

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

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

14  otherwise unavailable for unauthorized vehicles or vessels and

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

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

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

18  towing or removing any vehicle or vessel from private property

19  without the consent of the owner or other legally authorized

20  person in control of that vehicle or vessel, must post a

21  notice meeting the following requirements:

22         a.  The notice must be prominently placed at each

23  driveway access or curb cut allowing vehicular access to the

24  property, within 5 feet from the public right-of-way line.  If

25  there are no curbs or access barriers, the signs must be

26  posted not less than one sign for each 25 feet of lot

27  frontage.

28         b.  The notice must clearly indicate, in not less than

29  2-inch high, light-reflective letters on a contrasting

30  background, that unauthorized vehicles will be towed away at

31  

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




 1  the owner's expense.  The words "tow-away zone" must be

 2  included on the sign in not less than 4-inch high letters.

 3         c.  The notice must also provide the name and current

 4  telephone number of the person or firm towing or removing the

 5  vehicles or vessels, if the property owner, lessee, or person

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

 7  towing company.

 8         d.  The sign structure containing the required notices

 9  must be permanently installed with the words "tow-away zone"

10  not less than 3 feet and not more than 6 feet above ground

11  level and must be continuously maintained on the property for

12  not less than 24 hours prior to the towing or removal of any

13  vehicles or vessels.

14         e.  The local government may require permitting and

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

16  vehicles or vessels being authorized.

17         f.  A business with 20 or fewer parking spaces

18  satisfies the notice requirements of this subparagraph by

19  prominently displaying a sign stating "Reserved Parking for

20  Customers Only Unauthorized Vehicles or Vessels Will be Towed

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

22  light-reflective letters on a contrasting background.

23         g.  A property owner towing or removing vessels from

24  real property must post notice, consistent with the

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

26  vehicles, that unauthorized vehicles or vessels will be towed

27  away at the owner's expense.

28  

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

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

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

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

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

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

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

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

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

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

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

12  services and post at the storage site an identical rate

13  schedule and any written contracts with property owners,

14  lessees, or persons in control of property which authorize

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

16  in this section.

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

18  or vessels from private property without the consent of the

19  owner or other legally authorized person in control of the

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

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

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

23  company performing such service clearly printed in contrasting

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

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

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

27  1-inch permanently affixed letters.

28         8.  Vehicle entry for the purpose of removing the

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

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

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

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

 2  the standard of reasonable care.

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

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

 5  custodian within one hour after requested. Any vehicle or

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

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

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

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

10  damages noted by the owner or other legally authorized person

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

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

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

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

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

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

17  whether requested or not.

18         (b)  These requirements are shall be the minimum

19  standards and do shall not preclude enactment of additional

20  regulations by any municipality or county including the right

21  to regulate rates when vehicles or vessels are towed from

22  private property.

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

24  firefighting, rescue squad, ambulance, or other emergency

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

26  property owned by any governmental entity.

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

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

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

30  transportation, and storage; any damages resulting from the

31  

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                     CS for CS for SB 492
    591-1853-05




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

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

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

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

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

 6  provided in s. 775.082 or s. 775.083.

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

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

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

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

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

12         Section 6.  Except as otherwise expressly provided in

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

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                            CS/SB 492

17                                 

18  -    Deletes a provision in law that provides that a wrecker
         operator that receives, removes, or restores a mobile
19       home, upon instruction from a mobile home park owner who
         has a writ of possession for a mobile home lot, has a
20       lien on the mobile home for towing and storage.

21  -    Provides that, in addition to other things that a mobile
         home transport company that comes into possession of a
22       mobile home and claims a lien for recovery, towing or
         storage services, is required to provide in a notice to
23       the registered owner and all persons claiming a lien on
         the mobile home, the company must include in the notice
24       that any mobile home which remains unclaimed, or for
         which charges remain unpaid, may be sold free of all
25       prior liens after 35 days of the eviction proceeding that
         resulted in the issuance of the writ of possession,
26       provided that any lienholder entitled to notice has
         received that notice and has failed to pay storage
27       charges, take possession of the home, or take legal
         action to foreclose its interest prior to issuance of the
28       writ.

29  

30  

31  

                                  27

CODING: Words stricken are deletions; words underlined are additions.