Senate Bill sb0492er
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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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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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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:
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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.
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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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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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1 (a) "Mobile home transport company" means a person
2 regularly engaged in the business of transporting mobile
3 homes.
4 (b) "Store" means a mobile home transport company has
5 legal possession of a mobile home either on the mobile home
6 transport company's property or on any other property.
7 (c) "Unpaid lot rental amount" or "rent" means any
8 unpaid financial obligations of the mobile home owner or
9 tenant to the mobile home park owner defined as "lot rental
10 amount" in s. 723.003 or "rent" in part II of chapter 83 and
11 includes any amounts defined as storage charges in s. 723.084.
12 (2) If the mobile home transport company recovers,
13 removes, or stores a mobile home upon instructions from:
14 (a) The owner of the mobile home;
15 (b) Any law enforcement agency; or
16 (c) A mobile home park owner as defined in s. 723.003
17 who has a current writ of possession for a mobile home lot
18 under s. 723.062 or s. 83.62,
19
20 the mobile home transport company has a lien on the mobile
21 home for a reasonable towing fee and for a reasonable storage
22 fee.
23 (3)(a) A mobile home transport company that comes into
24 possession of a mobile home under subsection (2) and that
25 claims a lien for recovery, towing, or storage services must
26 give notice to the registered owner and to all persons
27 claiming a lien on the mobile home, as disclosed by the
28 records in the Department of Highway Safety and Motor Vehicles
29 or of a corresponding agency in any other state.
30 (b) Notice by certified mail, return receipt
31 requested, shall be sent within 7 business days after the date
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1 of storage of the mobile home to the registered owner at the
2 owner's last known address, and all persons of record claiming
3 a lien against the mobile home. The notice shall state the
4 fact of possession of the mobile home, that a lien as provided
5 in subsection (2) is claimed, that charges have accrued and
6 the amount thereof, that the lien is subject to enforcement
7 under law and that the owner or lienholder, if any, has the
8 right to a hearing as set forth in subsection (4), and that
9 any mobile home which remains unclaimed, or for which charges
10 remain unpaid, may be sold free of all prior liens after 35
11 days 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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ENROLLED
2005 Legislature CS for CS for SB 492, 1st 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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