HB 0571

1
A bill to be entitled
2An act relating to wrecker operators; amending s. 323.001,
3F.S.; revising certain towing and storage rate
4limitations; amending s. 713.78, F.S.; revising provisions
5relating to liens for recovering, towing, or storing
6vehicles and vessels; providing for award of attorney's
7fees; amending s. 715.07, F.S.; revising provisions
8relating to towing or removing vehicles parked on private
9property; providing for application to removal of vessels;
10revising storage requirements; revising provisions
11requiring notification of the municipal police department
12or sheriff; revising provisions for arrival of registered
13owner of the vehicle or vessel or other legally authorized
14person at the scene prior to towing; revising provisions
15prohibiting rebate or payment by person or firm towing or
16removing vehicles or vessels to the premises owner for the
17privilege of removing or towing a vehicle or vessel;
18prohibiting solicitation by the owner of the premises of
19such rebate or payment; revising requirements for posting
20notice of removal; removing a limitation of liability for
21entry into vehicle or vessel; exempting certain vessels;
22revising liability provisions; providing penalties for
23specified violations; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (1) of section 323.001, Florida
28Statutes, is republished, and paragraph (c) of subsection (2) of
29said section is amended, to read:
30     323.001  Wrecker operator storage facilities; vehicle
31holds.--
32     (1)  An investigating agency may place a hold on a motor
33vehicle stored within a wrecker operator's storage facility for
34a period not to exceed 5 days, excluding holidays and weekends,
35unless extended in writing.
36     (2)  The investigating agency must notify the wrecker
37operator in writing within 5 days, excluding holidays and
38weekends, whether the hold is to be continued. If no
39notification follows this period of time, the wrecker operator
40may release the vehicle to the designated person pursuant to s.
41713.78.
42     (c)  The towing and storage rates for the owner or
43lienholder of the held vehicle shall not exceed the contract or
44county rates for the investigating agency.
45     Section 2.  Subsections (2), (4), (5), (7), and (10) of
46section 713.78, Florida Statutes, are amended to read:
47     713.78  Liens for recovering, towing, or storing vehicles
48and vessels.--
49     (2)  Whenever a person regularly engaged in the business of
50transporting vehicles or vessels by wrecker, tow truck, or car
51carrier recovers, removes, or stores a vehicle, vessel, or
52mobile home upon instructions from:
53     (a)  The owner thereof; or
54     (b)  The owner or lessor, or a person authorized by the
55owner or lessor, of property on which such vehicle or vessel is
56wrongfully parked, and such removal is done in compliance with
57s. 715.07; or
58     (c)  Any law enforcement agency; or
59     (d)  A mobile home park owner as defined in s. 723.003 who
60has a current writ of possession for a mobile home lot pursuant
61to s. 723.061,
62
63she or he shall have a lien on such vehicle or vessel for a
64reasonable towing fee and for a reasonable storage fee; except
65that no storage fee shall be charged if such vehicle is stored
66for less than 6 hours.
67     (4)(a)  Any person regularly engaged in the business of
68recovering, towing, or storing vehicles or vessels who comes
69into possession of a vehicle or vessel pursuant to subsection
70(2), and who claims a lien for recovery, towing, or storage
71services, shall give notice to the registered owner, the
72insurance company insuring the vehicle notwithstanding the
73provisions of s. 627.736, and to all persons claiming a lien
74thereon, as disclosed by the records in the Department of
75Highway Safety and Motor Vehicles or of a corresponding agency
76in any other state.
77     (b)  Whenever any law enforcement agency authorizes the
78removal of a vehicle or vessel or whenever any towing service,
79garage, repair shop, or automotive service, storage, or parking
80place notifies the law enforcement agency of possession of a
81vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
82law enforcement agency shall contact the Department of Highway
83Safety and Motor Vehicles, or the appropriate agency of the
84state of registration, if known, within 24 hours through the
85medium of electronic communications, giving the full description
86of the vehicle or vessel. Upon receipt of the full description
87of the vehicle or vessel, the department shall search its files
88to determine the owner's name, the insurance company insuring
89the vehicle or vessel, and whether any person has filed a lien
90upon the vehicle or vessel as provided in s. 319.27(2) and (3)
91and notify the applicable law enforcement agency within 72
92hours. The person in charge of the towing service, garage,
93repair shop, or automotive service, storage, or parking place
94shall obtain such information from the applicable law
95enforcement agency within 5 days from the date of storage and
96shall give notice pursuant to paragraph (a). The department may
97release the insurance company information to the requestor
98notwithstanding the provisions of s. 627.736.
99     (c)  Notice by certified mail, return receipt requested,
100shall be sent within 7 business days after the date of storage
101of the vehicle or vessel to the registered owner, the insurance
102company insuring the vehicle notwithstanding the provisions of
103s. 627.736, and all persons of record claiming a lien against
104the vehicle or vessel. It shall state the fact of possession of
105the vehicle or vessel, that a lien as provided in subsection (2)
106is claimed, that charges have accrued and the amount thereof,
107that the lien is subject to enforcement pursuant to law, and
108that the owner or lienholder, if any, has the right to a hearing
109as set forth in subsection (5), and that any vehicle or vessel
110which remains unclaimed, or for which the charges for recovery,
111towing, or storage services remain unpaid, may be sold free of
112all prior liens after 35 days if the vehicle or vessel is more
113than 3 years of age or after 50 days if the vehicle or vessel is
1143 years of age or less.
115     (d)  If attempts to locate the name and address of the
116owner or lienholder prove unsuccessful, the towing-storage
117operator shall, after 7 working days, excluding Saturday and
118Sunday, of the initial tow or storage, notify the public agency
119of jurisdiction in writing by certified mail or acknowledged
120hand delivery that the towing-storage company has been unable to
121locate the name and address of the owner or lienholder and a
122physical search of the vehicle or vessel has disclosed no
123ownership information and a good faith effort has been made. For
124purposes of this paragraph and subsection (9), "good faith
125effort" means that the following checks have been performed by
126the company to establish prior state of registration and for
127title:
128     1.  Check of vehicle or vessel for any type of tag, tag
129record, temporary tag, or regular tag.
130     2.  Check of law enforcement report for tag number or other
131information identifying the vehicle or vessel, if the vehicle or
132vessel was towed at the request of a law enforcement officer.
133     3.  Check of trip sheet or tow ticket of tow truck operator
134to see if a tag was on vehicle or vessel at beginning of tow, if
135private tow.
136     4.  If there is no address of the owner on the impound
137report, check of law enforcement report to see if an out-of-
138state address is indicated from driver license information.
139     5.  Check of vehicle or vessel for inspection sticker or
140other stickers and decals that may indicate a state of possible
141registration.
142     6.  Check of the interior of the vehicle or vessel for any
143papers that may be in the glove box, trunk, or other areas for a
144state of registration.
145     7.  Check of vehicle for vehicle identification number.
146     8.  Check of vessel for vessel registration number.
147     9.  Check of vessel hull for a hull identification number
148which should be carved, burned, stamped, embossed, or otherwise
149permanently affixed to the outboard side of the transom or, if
150there is no transom, to the outmost seaboard side at the end of
151the hull that bears the rudder or other steering mechanism.
152     (5)(a)  The owner of a vehicle or vessel removed pursuant
153to the provisions of subsection (2), or any person claiming a
154lien, other than the towing-storage operator, within 10 days
155after the time she or he has knowledge of the location of the
156vehicle or vessel, may file a complaint in the county court of
157the county in which the vehicle or vessel is stored or in which
158the owner resides to determine if her or his property was
159wrongfully taken or withheld from her or him.
160     (b)  Upon filing of a complaint, an owner or lienholder may
161have her or his vehicle or vessel released upon posting with the
162court a cash or surety bond or other adequate security equal to
163the amount of the charges for towing or storage and lot rental
164amount to ensure the payment of such charges in the event she or
165he does not prevail. Upon the posting of the bond and the
166payment of the applicable fee set forth in s. 28.24, the clerk
167of the court shall issue a certificate notifying the lienor of
168the posting of the bond and directing the lienor to release the
169vehicle or vessel. At the time of such release, after reasonable
170inspection, she or he shall give a receipt to the towing-storage
171company reciting any claims she or he has for loss or damage to
172the vehicle or vessel or the contents thereof.
173     (c)  Upon determining the respective rights of the parties,
174the court may award damages, attorney's fees, and costs in favor
175of the prevailing party. In any event, the final order shall
176provide for immediate payment in full of recovery, towing, and
177storage fees by the vehicle or vessel owner or lienholder; or
178the agency ordering the tow; or the owner, lessee, or agent
179thereof of the property from which the vehicle or vessel was
180removed.
181     (7)(a)  A wrecker operator recovering, towing, or storing
182vehicles or vessels is not liable for damages connected with
183such services, theft of such vehicles or vessels, or theft of
184personal property contained in such vehicles or vessels,
185provided that such services have been performed with reasonable
186care and provided, further, that, in the case of removal of a
187vehicle or vessel upon the request of a person purporting, and
188reasonably appearing, to be the owner or lessee, or a person
189authorized by the owner or lessee, of the property from which
190such vehicle or vessel is removed, such removal has been done in
191compliance with s. 715.07. Further, a wrecker operator is not
192liable for damage to vehicles, vessels, or cargo which is
193connected with such services when complying with the lawful
194directions of a law enforcement officer to remove a vehicle or
195vessel stopped, standing, or parked upon a street or highway in
196such a position as to obstruct the normal movement of traffic or
197in such a condition as to create a hazard to other traffic upon
198the street or highway.
199     (b)  For the purposes of this subsection, a wrecker
200operator is presumed to use reasonable care to prevent the theft
201of a vehicle or vessel or of any personal property contained in
202such vehicle stored in the wrecker operator's storage facility
203if all of the following apply:
204     1.  The wrecker operator surrounds the storage facility
205with a chain-link or solid-wall type fence at least 6 feet in
206height;
207     2.  The wrecker operator has illuminated the storage
208facility with lighting of sufficient intensity to reveal persons
209and vehicles at a distance of at least 150 feet during
210nighttime; and
211     3.  The wrecker operator uses one or more of the following
212security methods to discourage theft of vehicles or vessels or
213of any personal property contained in such vehicles or vessels
214stored in the wrecker operator's storage facility:
215     a.  A night dispatcher or watchman remains on duty at the
216storage facility from sunset to sunrise;
217     b.  A security dog remains at the storage facility from
218sunset to sunrise;
219     c.  Security cameras or other similar surveillance devices
220monitor the storage facility; or
221     d.  A security guard service examines the storage facility
222at least once each hour from sunset to sunrise.
223     (c)  Any law enforcement agency requesting that a motor
224vehicle be removed from an accident scene, street, or highway
225must conduct an inventory and prepare a written record of all
226personal property found in the vehicle before the vehicle is
227removed by a wrecker operator. However, if the owner or driver
228of the motor vehicle is present and accompanies the vehicle, no
229inventory by law enforcement is required. A wrecker operator is
230not liable for the loss of personal property alleged to be
231contained in such a vehicle when such personal property was not
232identified on the inventory record prepared by the law
233enforcement agency requesting the removal of the vehicle.
234     (10)  Persons who provide services pursuant to this section
235shall permit vehicle or vessel owners or their agents, which
236agency is evidenced by an original written copy a writing
237acknowledged by the owner before a notary public or other person
238empowered by law to administer oaths, to inspect the towed
239vehicle or vessel and shall release to the owner or agent the
240vehicle or vessel or all personal property not affixed to the
241vehicle or vessel which was in the vehicle or vessel at the time
242the vehicle or vessel came into the custody of the person
243providing such services.
244     Section 3.  Section 715.07, Florida Statutes, is amended to
245read:
246     715.07  Vehicles or vessels parked on private property;
247towing.--
248     (1)  As used in this section, the term "vehicle" means any
249mobile item which normally uses wheels, whether motorized or
250not.
251     (2)  The owner or lessee of real property, or any person
252authorized by the owner or lessee, which person may be the
253designated representative of the condominium association if the
254real property is a condominium, may cause any vehicle or vessel
255parked on such property without her or his permission to be
256removed by a person regularly engaged in the business of towing
257vehicles or vessels, without liability for the costs of removal,
258transportation, or storage or damages caused by such removal,
259transportation, or storage, under any of the following
260circumstances:
261     (a)  The towing or removal of any vehicle or vessel from
262private property without the consent of the registered owner or
263other legally authorized person in control of that vehicle or
264vessel is subject to strict compliance with the following
265conditions and restrictions:
266     1.a.  Any towed or removed vehicle or vessel must be stored
267at a site within a 10-mile radius 10 miles of the point of
268removal in any county of 500,000 population or more, and within
269a 15-mile radius 15 miles of the point of removal in any county
270of less than 500,000 population. That site must be open for the
271purpose of redemption of vehicles or vessels on any day that the
272person or firm towing such vehicle or vessel is open for towing
273purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall
274have prominently posted a sign indicating a telephone number
275where the operator of the site can be reached at all times. Upon
276receipt of a telephoned request to open the site to redeem a
277vehicle or vessel, the operator shall return to the site within
2781 hour or she or he will be in violation of this section.
279     b.  If no towing business providing such service is located
280within the area of towing limitations set forth in sub-
281subparagraph a., the following limitations apply: any towed or
282removed vehicle or vessel must be stored at a site within a 20-
283mile radius 20 miles of the point of removal in any county of
284500,000 population or more, and within a 30-mile radius 30 miles
285of the point of removal in any county of less than 500,000
286population.
287     2.  The person or firm towing or removing the vehicle or
288vessel shall, within 30 minutes after of completion of such
289towing or removal, notify the municipal police department or, in
290an unincorporated area, the sheriff of such towing or removal,
291the storage site, the time the vehicle or vessel was towed or
292removed, and the make, model, color, and license plate number of
293the vehicle or description and registration number of the vessel
294and shall obtain the name of the person at that department to
295whom such information was reported and note that name on the
296trip record.
297     3.  If the registered owner or other legally authorized
298person in control of the vehicle or vessel arrives at the scene
299prior to removal or towing of the vehicle or vessel loaded or
300connected for towing, the vehicle or vessel shall be
301disconnected from the towing or removal apparatus, and that
302person shall be allowed to remove the vehicle or vessel from the
303property without interference upon the payment of a reasonable
304service fee of not more than one-half of the posted rate for
305such towing service as provided in subparagraph 6., for which a
306receipt shall be given, unless that person refuses to remove the
307vehicle or vessel that which is otherwise unlawfully parked.
308     4.  No person or firm towing or removing vehicles or
309vessels, or employee or agent of any such person or firm, may
310give a The rebate or payment of money or any other valuable
311consideration from the individual or firm towing or removing
312vehicles to the owner owners or operators of the premises from
313which a vehicle or vessel is the vehicles are towed or removed,
314for the privilege of removing or towing the vehicle or vessel
315those vehicles, is prohibited. A property owner may not solicit
316a person or firm towing or removing vehicles or vessels, or an
317employee or agent of any such person or firm, to give him or her
318a rebate or the payment of money or other valuable consideration
319for the privilege of removing or towing a vehicle or vessel from
320the owner's premises.
321     5.  Except for property appurtenant to and obviously a part
322of a single-family residence, and except for instances when
323notice is personally given to the owner or other legally
324authorized person in control of the vehicle or vessel that the
325area in which that vehicle or vessel is parked is reserved or
326otherwise unavailable for unauthorized vehicles or vessels and
327that the vehicle or vessel is subject to being removed at the
328owner's or operator's expense, any property owner or lessee, or
329person authorized by the property owner or lessee, prior to
330towing or removing any vehicle or vessel from private property
331without the consent of the owner or other legally authorized
332person in control of that vehicle or vessel, must post a notice
333meeting the following requirements:
334     a.  The notice must be prominently placed at each driveway
335access or curb cut allowing vehicular access to the property,
336within 5 feet from the public right-of-way line. If there are no
337curbs or access barriers, the signs must be posted not less than
338one sign for each 25 feet of lot frontage.
339     b.  The notice must clearly indicate, in not less than 2-
340inch high, light-reflective letters on a contrasting background,
341that unauthorized vehicles or vessels will be towed away at the
342owner's expense. The words "tow-away zone" must be included on
343the sign in not less than 4-inch high letters.
344     c.  The notice must also provide the name and current
345telephone number of the person or firm towing or removing the
346vehicles or vessels, if the property owner, lessee, or person in
347control of the property has a written contract with the towing
348company.
349     d.  The sign structure containing the required notices must
350be permanently installed with the words "tow-away zone" not less
351than 3 feet and not more than 6 feet above ground level and must
352be continuously maintained on the property for not less than 24
353hours prior to the towing or removal of any vehicles or vessels.
354     e.  The local government may require permitting and
355inspection of these signs prior to any towing or removal of
356vehicles or vessels being authorized.
357     f.  A business with 20 or fewer parking spaces satisfies
358the notice requirements of this subparagraph by prominently
359displaying a sign stating "Reserved Parking for Customers Only
360Unauthorized Vehicles or Vessels Will be Towed Away At the
361Owner's Expense" in not less than 4-inch high, light-reflective
362letters on a contrasting background.
363     g.  A property owner towing or removing vessels from real
364property must post notice, consistent with the requirements in
365sub-subparagraphs a.-f., which apply to vehicles, that
366unauthorized vehicles or vessels will be towed away at the
367owner's expense.
368
369A business owner or lessee may authorize the removal of a
370vehicle or vessel by a towing company when the vehicle or vessel
371is parked in such a manner that restricts the normal operation
372of business; and, if a vehicle or vessel parked on a public
373right-of-way obstructs access to a private driveway, the owner,
374lessee, or agent may have the vehicle or vessel removed by a
375towing company upon signing an order that the vehicle or vessel
376be removed without a posted tow-away zone sign.
377     6.  Any person or firm that tows or removes vehicles or
378vessels and proposes to require an owner, operator, or person in
379control of a vehicle or vessel to pay the costs of towing and
380storage prior to redemption of the vehicle or vessel must file
381and keep on record with the local law enforcement agency a
382complete copy of the current rates to be charged for such
383services and post at the storage site an identical rate schedule
384and any written contracts with property owners, lessees, or
385persons in control of property which authorize such person or
386firm to remove vehicles or vessels as provided in this section.
387     7.  Any person or firm towing or removing any vehicles or
388vessels from private property without the consent of the owner
389or other legally authorized person in control of the vehicles or
390vessels shall, on any trucks, wreckers as defined in s.
391713.78(1)(c), or other vehicles used in the towing or removal,
392have the name, address, and telephone number of the company
393performing such service clearly printed in contrasting colors on
394the driver and passenger sides of the vehicle. The name shall be
395in at least 3-inch permanently affixed letters, and the address
396and telephone number shall be in at least 1-inch permanently
397affixed letters.
398     8.  Vehicle entry for the purpose of removing the vehicle
399or vessel shall be allowed with reasonable care on the part of
400the person or firm towing the vehicle or vessel. Such person or
401firm shall be liable for any damage occasioned to the vehicle if
402such entry is not in accordance with the standard of reasonable
403care.
404     9.  When a vehicle or vessel has been towed or removed
405pursuant to this section, it must be released to its owner or
406custodian within one hour after requested. Any vehicle or vessel
407owner, custodian, or agent shall have the right to inspect the
408vehicle or vessel before accepting its return, and no release or
409waiver of any kind which would release the person or firm towing
410the vehicle or vessel from liability for damages noted by the
411owner or other legally authorized person at the time of the
412redemption may be required from any vehicle or vessel owner,
413custodian, or agent as a condition of release of the vehicle or
414vessel to its owner. A detailed, signed receipt showing the
415legal name of the company or person towing or removing the
416vehicle or vessel must be given to the person paying towing or
417storage charges at the time of payment, whether requested or
418not.
419     (b)  The These requirements of this subsection are shall be
420the minimum standards and do shall not preclude enactment of
421additional regulations by any municipality or county including
422the right to regulate rates when vehicles or vessels are towed
423from private property.
424     (3)  This section does not apply to law enforcement,
425firefighting, rescue squad, ambulance, or other emergency
426vehicles or vessels that which are marked as such or to property
427owned by any governmental entity.
428     (4)  When a person improperly causes a vehicle or vessel to
429be removed, such person shall be liable to the owner or lessee
430of the vehicle or vessel for the cost of removal,
431transportation, and storage; any damages resulting from the
432removal, transportation, or storage of the vehicle or vessel;
433attorney's attorneys' fees; and court costs.
434     (5)(a)  Any person who violates the provisions of
435subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
436of a misdemeanor of the first degree, punishable as provided in
437s. 775.082 or s. 775.083.
438     (b)  Any person who violates sub-subparagraph (2)(a)1.a.,
439subparagraph (2)(a)3., subparagraph (2)(a)4., the provisions of
440subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
441guilty of a felony of the third degree, punishable as provided
442in s. 775.082, s. 775.083, or s. 775.084.
443     Section 4.  This act shall take effect July 1, 2005.


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