Senate Bill sb0492e1

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  1                      A bill to be entitled

  2         An act relating to recovering, towing, and

  3         storage of motor vehicles, vessels, and mobile

  4         homes; amending s. 319.30, F.S.; redefining the

  5         term "certificate of destruction," to conform;

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

  7         towing and storage rates; amending s. 713.78,

  8         F.S.; removing mobile homes from the

  9         application of a statutory lien for towing and

10         storage; conforming provisions related to

11         recovering, towing, or storing vessels;

12         providing for attorney's fees; creating s.

13         713.785, F.S.; authorizing the imposition of

14         lien by a mobile home transport company for

15         recovering, towing, or storing a mobile home;

16         providing definitions; requiring a mobile home

17         transport company to provide notice of

18         recovery, towing, or storage services;

19         providing for the filing of a complaint;

20         providing procedures for the sale of an

21         unclaimed mobile home; specifying circumstances

22         under which a mobile home transport company

23         must obtain a certificate of destruction;

24         providing for fees; authorizing the department

25         to adopt rules; providing for fees; providing

26         for issuing certificates of destruction and

27         revalidation stickers; providing procedures for

28         disputing a lien and for discharge of a lien;

29         providing for the posting and repayment of

30         surety; providing for criminal penalties;

31         amending s. 715.07, F.S.; defining the term


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    CS for CS for SB 492                           First Engrossed



 1         "vessel"; conforming provisions related to

 2         towing vessels parked on private property;

 3         imposing criminal penalties for failure to

 4         comply with certain laws governing the towing

 5         of vehicles and vessels; providing effective

 6         dates.

 7  

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

 9  

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

11  319.30, Florida Statutes, is amended to read:

12         319.30  Definitions; dismantling, destruction, change

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

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

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

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

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

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

19  of that section is amended, to read:

20         323.001  Wrecker operator storage facilities; vehicle

21  holds.--

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

23  motor vehicle stored within a wrecker operator's storage

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

25  and weekends, unless extended in writing.

26         (2)  The investigating agency must notify the wrecker

27  operator in writing within 5 days, excluding holidays and

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

29  notification follows this period of time, the wrecker operator

30  may release the vehicle to the designated person pursuant to

31  s. 713.78.


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 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), (6), (7), (10),

 5  (11), and (13) of section 713.78, Florida Statutes, are

 6  amended to read:

 7         713.78  Liens for recovering, towing, or storing

 8  vehicles and vessels.--

 9         (2)  Whenever a person regularly engaged in the

10  business of transporting vehicles or vessels by wrecker, tow

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

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

13         (a)  The owner thereof; or

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

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

16  is wrongfully parked, and the such removal is done in

17  compliance with s. 715.07; or

18         (c)  Any law enforcement agency; or

19         (d)  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  pursuant to s. 723.061,

22  

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

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

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

26  vehicle is stored for less than 6 hours.

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

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

29  into possession of a vehicle or vessel pursuant to subsection

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

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


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 1  insurance company insuring the vehicle notwithstanding the

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

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

 4  Highway Safety and Motor Vehicles or of a corresponding agency

 5  in any other state.

 6         (b)  Whenever any law enforcement agency authorizes the

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

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

 9  parking place notifies the law enforcement agency of

10  possession of a vehicle or vessel pursuant to s.

11  715.07(2)(a)2., the applicable law enforcement agency shall

12  contact the Department of Highway Safety and Motor Vehicles,

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

14  known, within 24 hours through the medium of electronic

15  communications, giving the full description of the vehicle or

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

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

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

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

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

21  notify the applicable law enforcement agency within 72 hours.

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

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

24  obtain such information from the  applicable law enforcement

25  agency within 5 days after from the date of storage and shall

26  give notice pursuant to paragraph (a). The department may

27  release the insurance company information to the requestor

28  notwithstanding the provisions of s. 627.736.

29         (c)  Notice by certified mail, return receipt

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

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


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 1  the insurance company insuring the vehicle notwithstanding the

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

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

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

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

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

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

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

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

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

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

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

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

14  age or less.

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

16  owner or lienholder prove unsuccessful, the towing-storage

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

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

19  agency of jurisdiction in writing by certified mail or

20  acknowledged hand delivery that the towing-storage company has

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

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

23  disclosed no ownership information and a good faith effort has

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

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

26  performed by the company to establish prior state of

27  registration and for title:

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

29  record, temporary tag, or regular tag.

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

31  other information identifying the vehicle or vessel, if the


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 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.


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 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         (6)  Any vehicle or vessel which is stored pursuant to

24  subsection (2) and which remains unclaimed, or for which

25  reasonable charges for recovery, towing, or storing remain

26  unpaid or for which a lot rental amount is due and owing to

27  the mobile home park owner, as evidenced by a judgment for

28  unpaid rent, and any contents not released pursuant to

29  subsection (10), may be sold by the owner or operator of the

30  storage space for such towing or storage charge or unpaid lot

31  rental amount after 35 days from the time the vehicle or


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    CS for CS for SB 492                           First Engrossed



 1  vessel is stored therein if the vehicle or vessel is more than

 2  3 years of age or after 50 days following the time the vehicle

 3  or vessel is stored therein if the vehicle or vessel is 3

 4  years of age or less. The sale shall be at public auction for

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

 6  required in subsection (4), notice of the sale shall be given

 7  to the person in whose name the vehicle or, vessel, or mobile

 8  home is registered, to the mobile home park owner, and to all

 9  persons claiming a lien on the vehicle or vessel as shown on

10  the records of the Department of Highway Safety and Motor

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

12  Notice shall be sent by certified mail, return receipt

13  requested, to the owner of the vehicle or vessel and the

14  person having the recorded lien on the vehicle or vessel at

15  the address shown on the records of the registering agency and

16  shall be mailed not less than 15 days before the date of the

17  sale. After diligent search and inquiry, if the name and

18  address of the registered owner or the owner of the recorded

19  lien cannot be ascertained, the requirements of notice by mail

20  may be dispensed with.  In addition to the notice by mail,

21  public notice of the time and place of sale shall be made by

22  publishing a notice thereof one time, at least 10 days prior

23  to the date of the sale, in a newspaper of general circulation

24  in the county in which the sale is to be held.  The proceeds

25  of the sale, after payment of reasonable towing and storage

26  charges, and costs of the sale, and the unpaid lot rental

27  amount, in that order of priority, shall be deposited with the

28  clerk of the circuit court for the county if the owner is

29  absent, and the clerk shall hold such proceeds subject to the

30  claim of the person legally entitled thereto. The clerk shall

31  be entitled to receive 5 percent of such proceeds for the care


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 1  and disbursement thereof.  The certificate of title issued

 2  under this law shall be discharged of all liens unless

 3  otherwise provided by court order.

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

 5  storing vehicles or vessels is not liable for damages

 6  connected with such services, theft of such vehicles or

 7  vessels, or theft of personal property contained in such

 8  vehicles or vessels, provided that such services have been

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

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

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

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

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

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

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

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

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

18  compliance with the request of a law enforcement officer.

19  connected with such services when complying with the lawful

20  directions of a law enforcement officer to remove a vehicle

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

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

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

24  the street or highway.

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

26  operator is presumed to use reasonable care to prevent the

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

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

29  storage facility if all of the following apply:

30  

31  


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 1         1.  The wrecker operator surrounds the storage facility

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

 3  height;

 4         2.  The wrecker operator has illuminated the storage

 5  facility with lighting of sufficient intensity to reveal

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

 7  nighttime; and

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

 9  following security methods to discourage theft of vehicles or

10  vessels or of any personal property contained in such vehicles

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

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

13  the storage facility from sunset to sunrise;

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

15  sunset to sunrise;

16         c.  Security cameras or other similar surveillance

17  devices monitor the storage facility; or

18         d.  A security guard service examines the storage

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

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

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

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

23  personal property found in the vehicle before the vehicle is

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

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

26  no inventory by law enforcement is required. A wrecker

27  operator is not liable for the loss of personal property

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

29  property was not identified on the inventory record prepared

30  by the law enforcement agency requesting the removal of the

31  vehicle.


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 1         (10)  Persons who provide services pursuant to this

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

 3  which agency is evidenced by an original a writing

 4  acknowledged by the owner before a notary public or other

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

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

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

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

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

10  of the person providing such services.

11         (11)(a)  Any person regularly engaged in the business

12  of recovering, towing, or storing vehicles or vessels who

13  comes into possession of a vehicle or vessel pursuant to

14  subsection (2) and who has complied with the provisions of

15  subsections (3) and (6), when such vehicle or vessel is to be

16  sold for purposes of being dismantled, destroyed, or changed

17  in such manner that it is not the motor vehicle or, vessel, or

18  mobile home described in the certificate of title, shall apply

19  to the county tax collector for a certificate of destruction.

20  A certificate of destruction, which authorizes the dismantling

21  or destruction of the vehicle or vessel described therein,

22  shall be reassignable a maximum of two times before

23  dismantling or destruction of the vehicle shall be required,

24  and shall accompany the vehicle or vessel for which it is

25  issued, when such vehicle or vessel is sold for such purposes,

26  in lieu of a certificate of title.  The application for a

27  certificate of destruction must include an affidavit from the

28  applicant that it has complied with all applicable

29  requirements of this section and, if the vehicle or vessel is

30  not registered in this state, by a statement from a law

31  enforcement officer that the vehicle or vessel is not reported


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 1  stolen, and shall be accompanied by such documentation as may

 2  be required by the department.

 3         (b)  The Department of Highway Safety and Motor

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

 5  destruction.  A service charge of $4.25 shall be collected and

 6  retained by the tax collector who processes the application.

 7         (c)  The Department of Highway Safety and Motor

 8  Vehicles may adopt such rules as it deems necessary or proper

 9  for the administration of this subsection.

10         (13)(a)  Upon receipt by the Department of Highway

11  Safety and Motor Vehicles of written notice from a wrecker

12  operator who claims a wrecker operator's lien under paragraph

13  (2)(c) or paragraph (2)(d) for recovery, towing, or storage of

14  an abandoned vehicle or, vessel or mobile home upon

15  instructions from any law enforcement agency, for which a

16  certificate of destruction has been issued under subsection

17  (11), the department shall place the name of the registered

18  owner of that vehicle or, vessel, or mobile home on the list

19  of those persons who may not be issued a license plate or

20  revalidation sticker for any motor vehicle under s. 320.03(8).

21  If the vehicle or, vessel, or mobile home is owned jointly by

22  more than one person, the name of each registered owner shall

23  be placed on the list. The notice of wrecker operator's lien

24  shall be submitted on forms provided by the department, which

25  must include:

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

27  wrecker operator.

28         2.  The name of the registered owner of the vehicle or,

29  vessel, or mobile home and the address to which the wrecker

30  operator provided notice of the lien to the registered owner

31  under subsection (4).


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 1         3.  A general description of the vehicle or, vessel, or

 2  mobile home, including its color, make, model, body style, and

 3  year.

 4         4.  The vehicle identification number (VIN);

 5  registration license plate number, state, and year; validation

 6  decal number, state, and year; mobile home sticker number,

 7  state, and year; vessel registration number; hull

 8  identification number; or other identification number, as

 9  applicable.

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

11  enforcement agency that requested that the vehicle or, vessel,

12  or mobile home be recovered, towed, or stored.

13         6.  The amount of the wrecker operator's lien, not to

14  exceed the amount allowed by paragraph (b).

15         (b)  For purposes of this subsection only, the amount

16  of the wrecker operator's lien for which the department will

17  prevent issuance of a license plate or revalidation sticker

18  may not exceed the amount of the charges for recovery, towing,

19  and storage of the vehicle or, vessel, or mobile home for 7

20  days. These charges may not exceed the maximum rates imposed

21  by the ordinances of the respective county or municipality

22  under ss. 125.0103(1)(c) and 166.043(1)(c). This paragraph

23  does not limit the amount of a wrecker operator's lien claimed

24  under subsection (2) or prevent a wrecker operator from

25  seeking civil remedies for enforcement of the entire amount of

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

27  the department will prevent issuance of a license plate or

28  revalidation sticker.

29         (c)1.  The registered owner of a vehicle or, vessel, or

30  mobile home may dispute a wrecker operator's lien, by

31  notifying the department of the dispute in writing on forms


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 1  provided by the department, if at least one of the following

 2  applies:

 3         a.  The registered owner presents a notarized bill of

 4  sale proving that the vehicle or, vessel, or mobile home was

 5  sold in a private or casual sale before the vehicle or,

 6  vessel, or mobile home was recovered, towed, or stored.

 7         b.  The registered owner presents proof that the

 8  Florida certificate of title of the vehicle or, vessel, or

 9  mobile home was sold to a licensed dealer as defined in s.

10  319.001 before the vehicle or, vessel, or mobile home was

11  recovered, towed, or stored.

12  

13  If the registered owner's dispute of a wrecker operator's lien

14  complies with one of these criteria, the department shall

15  immediately remove the registered owner's name from the list

16  of those persons who may not be issued a license plate or

17  revalidation sticker for any motor vehicle under s. 320.03(8),

18  thereby allowing issuance of a license plate or revalidation

19  sticker. If the vehicle or, vessel, or mobile home is owned

20  jointly by more than one person, each registered owner must

21  dispute the wrecker operator's lien in order to be removed

22  from the list. However, the department shall deny any dispute

23  and maintain the registered owner's name on the list of those

24  persons who may not be issued a license plate or revalidation

25  sticker for any motor vehicle under s. 320.03(8) if the

26  wrecker operator has provided the department with a certified

27  copy of the judgment of a court which orders the registered

28  owner to pay the wrecker operator's lien claimed under this

29  section. In such a case, the amount of the wrecker operator's

30  lien allowed by paragraph (b) may be increased to include no

31  more than $500 of the reasonable costs and attorney's fees


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 1  incurred in obtaining the judgment. The department's action

 2  under this subparagraph is ministerial in nature, shall not be

 3  considered final agency action, and is appealable only to the

 4  county court for the county in which the vehicle or, vessel,

 5  or mobile home was ordered removed.

 6         2.  A person against whom a wrecker operator's lien has

 7  been imposed may alternatively obtain a discharge of the lien

 8  by filing a complaint, challenging the validity of the lien or

 9  the amount thereof, in the county court of the county in which

10  the vehicle or, vessel, or mobile home was ordered removed.

11  Upon filing of the complaint, the person may have her or his

12  name removed from the list of those persons who may not be

13  issued a license plate or revalidation sticker for any motor

14  vehicle under s. 320.03(8), thereby allowing issuance of a

15  license plate or revalidation sticker, upon posting with the

16  court a cash or surety bond or other adequate security equal

17  to the amount of the wrecker operator's lien to ensure the

18  payment of such lien in the event she or he does not prevail.

19  Upon the posting of the bond and the payment of the applicable

20  fee set forth in s. 28.24, the clerk of the court shall issue

21  a certificate notifying the department of the posting of the

22  bond and directing the department to release the wrecker

23  operator's lien. Upon determining the respective rights of the

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

25  prevailing party.

26         3.  If a person against whom a wrecker operator's lien

27  has been imposed does not object to the lien, but cannot

28  discharge the lien by payment because the wrecker operator has

29  moved or gone out of business, the person may have her or his

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

31  issued a license plate or revalidation sticker for any motor


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 1  vehicle under s. 320.03(8), thereby allowing issuance of a

 2  license plate or revalidation sticker, upon posting with the

 3  clerk of court in the county in which the vehicle or, vessel,

 4  or mobile home was ordered removed, a cash or surety bond or

 5  other adequate security equal to the amount of the wrecker

 6  operator's lien. Upon the posting of the bond and the payment

 7  of the application fee set forth in s. 28.24, the clerk of the

 8  court shall issue a certificate notifying the department of

 9  the posting of the bond and directing the department to

10  release the wrecker operator's lien. The department shall mail

11  to the wrecker operator, at the address upon the lien form,

12  notice that the wrecker operator must claim the security

13  within 60 days, or the security will be released back to the

14  person who posted it. At the conclusion of the 60 days, the

15  department shall direct the clerk as to which party is

16  entitled to payment of the security, less applicable clerk's

17  fees.

18         4.  A wrecker operator's lien expires 5 years after

19  filing.

20         (d)  Upon discharge of the amount of the wrecker

21  operator's lien allowed by paragraph (b), the wrecker operator

22  must issue a certificate of discharged wrecker operator's lien

23  on forms provided by the department to each registered owner

24  of the vehicle or, vessel, or mobile home attesting that the

25  amount of the wrecker operator's lien allowed by paragraph (b)

26  has been discharged. Upon presentation of the certificate of

27  discharged wrecker operator's lien by the registered owner,

28  the department shall immediately remove the registered owner's

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

30  license plate or revalidation sticker for any motor vehicle

31  under s. 320.03(8), thereby allowing issuance of a license


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    CS for CS for SB 492                           First Engrossed



 1  plate or revalidation sticker. Issuance of a certificate of

 2  discharged wrecker operator's lien under this paragraph does

 3  not discharge the entire amount of the wrecker operator's lien

 4  claimed under subsection (2), but only certifies to the

 5  department that the amount of the wrecker operator's lien

 6  allowed by paragraph (b), for which the department will

 7  prevent issuance of a license plate or revalidation sticker,

 8  has been discharged.

 9         (e)  When a wrecker operator files a notice of wrecker

10  operator's lien under this subsection, the department shall

11  charge the wrecker operator a fee of $2, which shall be

12  deposited into the General Revenue Fund established under s.

13  860.158. A service charge of $2.50 shall be collected and

14  retained by the tax collector who processes a notice of

15  wrecker operator's lien.

16         (f)  This subsection applies only to the annual renewal

17  in the registered owner's birth month of a motor vehicle

18  registration and does not apply to the transfer of a

19  registration of a motor vehicle sold by a motor vehicle dealer

20  licensed under chapter 320, except for the transfer of

21  registrations which is inclusive of the annual renewals. This

22  subsection does not affect the issuance of the title to a

23  motor vehicle, notwithstanding s. 319.23(7)(b).

24         (g)  The Department of Highway Safety and Motor

25  Vehicles may adopt rules pursuant to ss. 120.536(1) and 120.54

26  to implement this subsection.

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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    CS for CS for SB 492                           First Engrossed



 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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    CS for CS for SB 492                           First Engrossed



 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 following the eviction proceeding that resulted in the

12  issuance of the writ of possession, provided that any

13  lienholder entitled to notice pursuant to s. 723.084 has

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

15  723.084 to pay storage charges, take possession of the home,

16  or take legal action to foreclose its interest prior to

17  issuance of the writ of possession.

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

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

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

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

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

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

24  was wrongfully taken or withheld from her or him.

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

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

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

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

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

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

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


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    CS for CS for SB 492                           First Engrossed



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

 2  certificate notifying the mobile home transport company of the

 3  posting of the bond and directing the mobile home transport

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

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

 6  receipt to the mobile home transport company citing any claims

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

 8  contents thereof.

 9         (c)  Upon determining the respective rights of the

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

11  prevailing party. The final order shall provide for immediate

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

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

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

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

16  the property from which the mobile home was removed.

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

18  and which remains unclaimed, or for which reasonable charges

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

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

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

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

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

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

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

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

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

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

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

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

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


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    CS for CS for SB 492                           First Engrossed



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

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

 3  Notice must be sent by certified mail, return receipt

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

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

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

 7  ascertained, the requirements of notice by mail may be

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23  receive 5 percent of the proceeds for the care and

24  disbursement of the proceeds. The certificate of title issued

25  under this section shall be discharged of all liens unless

26  otherwise provided by court order.

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

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

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

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

31  property after coming into possession of the mobile home under


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    CS for CS for SB 492                           First Engrossed



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

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

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

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

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

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

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

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

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

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

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

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

13  certificate of destruction. A certificate of destruction,

14  which authorizes the dismantling or destruction of the mobile

15  home described in the certificate, is reassignable no more

16  than twice before dismantling or destruction of the mobile

17  home and the certificate must accompany the mobile home for

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

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

20  for a certificate of destruction must include an affidavit

21  from the applicant that it has complied with all applicable

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

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

24  enforcement officer that the mobile home is not reported

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

26  may be required by the department.

27         (b)  The Department of Highway Safety and Motor

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

29  destruction. The tax collector who processes the application

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

31  


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    CS for CS for SB 492                           First Engrossed



 1         (c)  The Department of Highway Safety and Motor

 2  Vehicles may adopt rules to administer this subsection.

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

 4  Motor Vehicles and law enforcement officers may inspect the

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

 6  ensure compliance with this section.

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

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

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

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

11  home for which a certificate of destruction has been issued

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

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

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

15  320.03. If the mobile home is owned jointly by more than one

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

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

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

19  must include:

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

21  mobile home transport company.

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

23  and the address to which the mobile home transport company

24  provided notice of the lien to the registered owner under

25  subsection (3).

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

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

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

29  other identification number, as applicable.

30  

31  


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    CS for CS for SB 492                           First Engrossed



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

 2  enforcement agency that requested that the mobile home be

 3  recovered, towed, or stored.

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

 5  allowed by paragraph (b).

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

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

 8  will prevent issuance of a revalidation sticker may not exceed

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

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

11  maximum rates imposed by the ordinances of the respective

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

13  166.043(1)(c). This paragraph does not limit the amount of a

14  mobile home transport company's lien claimed under subsection

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

16  civil remedies for enforcement of the entire amount of the

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

18  department will prevent issuance of a revalidation sticker.

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

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

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

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

23         a.  The registered owner presents a notarized bill of

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

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

26  stored.

27         b.  The registered owner presents proof that the

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

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

30  home was recovered, towed, or stored.

31  


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    CS for CS for SB 492                           First Engrossed



 1         c.  The records of the department were marked to

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

 3  the certificate of destruction under subsection (7).

 4  

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

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

 7  department shall immediately remove the registered owner's

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

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

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

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

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

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

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

15  sticker if the mobile home transport company has provided the

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

17  which orders the registered owner to pay the mobile home

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

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

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

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

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

23  subparagraph is ministerial in nature, is not final agency

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

25  county in which the mobile home was ordered removed.

26         2.  A person against whom a mobile home transport

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

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

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

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

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


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    CS for CS for SB 492                           First Engrossed



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

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

 3  320.03 upon posting with the court a cash or surety bond or

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

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

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

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

 8  28.24, the clerk of the court shall issue a certificate

 9  notifying the department of the posting of the bond and

10  directing the department to release the mobile home transport

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

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

13  prevailing party.

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

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

16  but cannot discharge the lien by payment because the mobile

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

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

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

20  320.03, upon posting with the clerk of court in the county in

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

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

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

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

25  28.24, the clerk of the court shall issue a certificate

26  notifying the department of the posting of the bond and

27  directing the department to release the mobile home transport

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

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

30  that the mobile home transport company must claim the security

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


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    CS for CS for SB 492                           First Engrossed



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

 2  department shall direct the clerk as to which party is

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

 4  the clerk.

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

 6  years after filing.

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

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

 9  mobile home transport company must issue a certificate of

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

11  registered owner of the mobile home attesting that the amount

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

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

14  certificate of discharged lien by the registered owner, the

15  department shall immediately remove the registered owner's

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

17  revalidation sticker under s. 320.03. Issuance of a

18  certificate of discharged lien under this paragraph does not

19  discharge the entire amount of the mobile home transport

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

21  the department only that the amount of the mobile home

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

23  the department will prevent issuance of a revalidation

24  sticker, has been discharged.

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

26  notice of lien under this subsection, the department shall

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

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

29  collector who processes a notice of lien shall collect and

30  retain a service charge of $2.50.

31  


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    CS for CS for SB 492                           First Engrossed



 1         (f)  The Department of Highway Safety and Motor

 2  Vehicles may adopt rules to administer this subsection.

 3         (9)  Persons who provide services under this section

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

 5  agency is evidenced by a writing acknowledged by the owner

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

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

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

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

10  under s. 713.691 or s. 713.77.

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

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

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

14  provided in s. 775.082 or s. 775.083.

15         Section 5.  Section 715.07, Florida Statutes, is

16  amended to read:

17         715.07  Vehicles or vessels parked on private property;

18  towing.--

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

20         (a)  "Vehicle" means any mobile item which normally

21  uses wheels, whether motorized or not.

22         (b)  "Vessel" means every description of watercraft,

23  barge, and air boat used or capable of being used as a means

24  of transportation on water, other than a seaplane or a

25  "documented vessel" as defined in s. 327.02(8).

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

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

28  the designated representative of the condominium association

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

30  or vessel parked on such property without her or his

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


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    CS for CS for SB 492                           First Engrossed



 1  business of towing vehicles or vessels, without liability for

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

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

 4  of the following circumstances:

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

 6  from private property without the consent of the registered

 7  owner or other legally authorized person in control of that

 8  vehicle or vessel is subject to strict compliance with the

 9  following conditions and restrictions:

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

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

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

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

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

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

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

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

18  closed, shall have prominently posted a sign indicating a

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

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

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

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

23  violation of this section.

24         b.  If no towing business providing such service is

25  located within the area of towing limitations set forth in

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

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

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

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

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

31  than 500,000 population.


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    CS for CS for SB 492                           First Engrossed



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

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

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

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

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

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

 7  plate number of the vehicle or description and registration

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

 9  at that department to whom such information was reported and

10  note that name on the trip record.

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

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

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

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

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

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

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

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

19  reasonable opportunity, the owner or legally authorized person

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

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

22  signed receipt must be given to the person redeeming the

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

24  authorized person in control of the vehicle arrives at the

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

26  shall be disconnected from the towing or removal apparatus,

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

28  interference upon the payment of a reasonable service fee of

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

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

31  


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    CS for CS for SB 492                           First Engrossed



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

 2  vehicle which is otherwise unlawfully parked.

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

 4  valuable consideration for the privilege of towing or removing

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

 6  payment of money or any other valuable consideration from the

 7  individual or firm towing or removing vehicles to the owners

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

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

10  vehicles, is prohibited.

11         5.  Except for property appurtenant to and obviously a

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

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

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

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

16  otherwise unavailable for unauthorized vehicles or vessels and

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

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

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

20  towing or removing any vehicle or vessel from private property

21  without the consent of the owner or other legally authorized

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

23  notice meeting the following requirements:

24         a.  The notice must be prominently placed at each

25  driveway access or curb cut allowing vehicular access to the

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

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

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

29  frontage.

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

31  2-inch high, light-reflective letters on a contrasting


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    CS for CS for SB 492                           First Engrossed



 1  background, that unauthorized vehicles will be towed away at

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

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

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

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

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

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

 8  towing company.

 9         d.  The sign structure containing the required notices

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

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

12  level and must be continuously maintained on the property for

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

14  vehicles or vessels.

15         e.  The local government may require permitting and

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

17  vehicles or vessels being authorized.

18         f.  A business with 20 or fewer parking spaces

19  satisfies the notice requirements of this subparagraph by

20  prominently displaying a sign stating "Reserved Parking for

21  Customers Only Unauthorized Vehicles or Vessels Will be Towed

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

23  light-reflective letters on a contrasting background.

24         g.  A property owner towing or removing vessels from

25  real property must post notice, consistent with the

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

27  vehicles, that unauthorized vehicles or vessels will be towed

28  away at the owner's expense.

29  

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

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


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    CS for CS for SB 492                           First Engrossed



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

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

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

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

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

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

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

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

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

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

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

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

13  services and post at the storage site an identical rate

14  schedule and any written contracts with property owners,

15  lessees, or persons in control of property which authorize

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

17  in this section.

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

19  or vessels from private property without the consent of the

20  owner or other legally authorized person in control of the

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

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

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

24  company performing such service clearly printed in contrasting

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

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

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

28  1-inch permanently affixed letters.

29         8.  Vehicle entry for the purpose of removing the

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

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


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    CS for CS for SB 492                           First Engrossed



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

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

 3  the standard of reasonable care.

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

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

 6  custodian within one hour after requested. Any vehicle or

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

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

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

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

11  damages noted by the owner or other legally authorized person

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

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

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

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

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

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

18  whether requested or not.

19         (b)  These requirements are shall be the minimum

20  standards and do shall not preclude enactment of additional

21  regulations by any municipality or county including the right

22  to regulate rates when vehicles or vessels are towed from

23  private property.

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

25  firefighting, rescue squad, ambulance, or other emergency

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

27  property owned by any governmental entity.

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

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

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

31  transportation, and storage; any damages resulting from the


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    CS for CS for SB 492                           First Engrossed



 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.

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