HB 0571CS

CHAMBER ACTION



1The Transportation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to wrecker operators; amending s. 323.001,
7F.S.; revising certain towing and storage rate
8limitations; amending s. 713.78, F.S.; revising provisions
9relating to liens for recovering, towing, or storing
10vehicles and vessels; providing for award of attorney's
11fees; amending s. 715.07, F.S.; revising provisions
12relating to towing or removing vehicles parked on private
13property; providing for application to removal of vessels;
14revising storage requirements; revising provisions
15requiring notification of the municipal police department
16or sheriff; revising provisions for arrival of registered
17owner of the vehicle or vessel or other legally authorized
18person at the scene prior to towing; revising provisions
19prohibiting rebate or payment by person or firm towing or
20removing vehicles or vessels to the premises owner for the
21privilege of removing or towing a vehicle or vessel;
22prohibiting solicitation by the owner of the premises of
23such rebate or payment; revising requirements for posting
24notice of removal; exempting certain vessels; revising
25liability provisions; providing penalties for specified
26violations; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsection (1) of section 323.001, Florida
31Statutes, is republished, and paragraph (c) of subsection (2) of
32said section is amended, to read:
33     323.001  Wrecker operator storage facilities; vehicle
34holds.--
35     (1)  An investigating agency may place a hold on a motor
36vehicle stored within a wrecker operator's storage facility for
37a period not to exceed 5 days, excluding holidays and weekends,
38unless extended in writing.
39     (2)  The investigating agency must notify the wrecker
40operator in writing within 5 days, excluding holidays and
41weekends, whether the hold is to be continued. If no
42notification follows this period of time, the wrecker operator
43may release the vehicle to the designated person pursuant to s.
44713.78.
45     (c)  The towing and storage rates for the owner or
46lienholder of the held vehicle shall not exceed the contract or
47county rates for the investigating agency.
48     Section 2.  Subsections (2), (4), (5), (7), and (10) of
49section 713.78, Florida Statutes, are amended to read:
50     713.78  Liens for recovering, towing, or storing vehicles
51and vessels.--
52     (2)  Whenever a person regularly engaged in the business of
53transporting vehicles or vessels by wrecker, tow truck, or car
54carrier recovers, removes, or stores a vehicle, vessel, or
55mobile home upon instructions from:
56     (a)  The owner thereof; or
57     (b)  The owner or lessor, or a person authorized by the
58owner or lessor, of property on which such vehicle or vessel is
59wrongfully parked, and such removal is done in compliance with
60s. 715.07; or
61     (c)  Any law enforcement agency; or
62     (d)  A mobile home park owner as defined in s. 723.003 who
63has a current writ of possession for a mobile home lot pursuant
64to s. 723.061,
65
66she or he shall have a lien on such vehicle or vessel for a
67reasonable towing fee and for a reasonable storage fee; except
68that no storage fee shall be charged if such vehicle is stored
69for less than 6 hours.
70     (4)(a)  Any person regularly engaged in the business of
71recovering, towing, or storing vehicles or vessels who comes
72into possession of a vehicle or vessel pursuant to subsection
73(2), and who claims a lien for recovery, towing, or storage
74services, shall give notice to the registered owner, the
75insurance company insuring the vehicle notwithstanding the
76provisions of s. 627.736, and to all persons claiming a lien
77thereon, as disclosed by the records in the Department of
78Highway Safety and Motor Vehicles or of a corresponding agency
79in any other state.
80     (b)  Whenever any law enforcement agency authorizes the
81removal of a vehicle or vessel or whenever any towing service,
82garage, repair shop, or automotive service, storage, or parking
83place notifies the law enforcement agency of possession of a
84vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
85law enforcement agency shall contact the Department of Highway
86Safety and Motor Vehicles, or the appropriate agency of the
87state of registration, if known, within 24 hours through the
88medium of electronic communications, giving the full description
89of the vehicle or vessel. Upon receipt of the full description
90of the vehicle or vessel, the department shall search its files
91to determine the owner's name, the insurance company insuring
92the vehicle or vessel, and whether any person has filed a lien
93upon the vehicle or vessel as provided in s. 319.27(2) and (3)
94and notify the applicable law enforcement agency within 72
95hours. The person in charge of the towing service, garage,
96repair shop, or automotive service, storage, or parking place
97shall obtain such information from the applicable law
98enforcement agency within 5 days from the date of storage and
99shall give notice pursuant to paragraph (a). The department may
100release the insurance company information to the requestor
101notwithstanding the provisions of s. 627.736.
102     (c)  Notice by certified mail, return receipt requested,
103shall be sent within 7 business days after the date of storage
104of the vehicle or vessel to the registered owner, the insurance
105company insuring the vehicle notwithstanding the provisions of
106s. 627.736, and all persons of record claiming a lien against
107the vehicle or vessel. It shall state the fact of possession of
108the vehicle or vessel, that a lien as provided in subsection (2)
109is claimed, that charges have accrued and the amount thereof,
110that the lien is subject to enforcement pursuant to law, and
111that the owner or lienholder, if any, has the right to a hearing
112as set forth in subsection (5), and that any vehicle or vessel
113which remains unclaimed, or for which the charges for recovery,
114towing, or storage services remain unpaid, may be sold free of
115all prior liens after 35 days if the vehicle or vessel is more
116than 3 years of age or after 50 days if the vehicle or vessel is
1173 years of age or less.
118     (d)  If attempts to locate the name and address of the
119owner or lienholder prove unsuccessful, the towing-storage
120operator shall, after 7 working days, excluding Saturday and
121Sunday, of the initial tow or storage, notify the public agency
122of jurisdiction in writing by certified mail or acknowledged
123hand delivery that the towing-storage company has been unable to
124locate the name and address of the owner or lienholder and a
125physical search of the vehicle or vessel has disclosed no
126ownership information and a good faith effort has been made. For
127purposes of this paragraph and subsection (9), "good faith
128effort" means that the following checks have been performed by
129the company to establish prior state of registration and for
130title:
131     1.  Check of vehicle or vessel for any type of tag, tag
132record, temporary tag, or regular tag.
133     2.  Check of law enforcement report for tag number or other
134information identifying the vehicle or vessel, if the vehicle or
135vessel was towed at the request of a law enforcement officer.
136     3.  Check of trip sheet or tow ticket of tow truck operator
137to see if a tag was on vehicle or vessel at beginning of tow, if
138private tow.
139     4.  If there is no address of the owner on the impound
140report, check of law enforcement report to see if an out-of-
141state address is indicated from driver license information.
142     5.  Check of vehicle or vessel for inspection sticker or
143other stickers and decals that may indicate a state of possible
144registration.
145     6.  Check of the interior of the vehicle or vessel for any
146papers that may be in the glove box, trunk, or other areas for a
147state of registration.
148     7.  Check of vehicle for vehicle identification number.
149     8.  Check of vessel for vessel registration number.
150     9.  Check of vessel hull for a hull identification number
151which should be carved, burned, stamped, embossed, or otherwise
152permanently affixed to the outboard side of the transom or, if
153there is no transom, to the outmost seaboard side at the end of
154the hull that bears the rudder or other steering mechanism.
155     (5)(a)  The owner of a vehicle or vessel removed pursuant
156to the provisions of subsection (2), or any person claiming a
157lien, other than the towing-storage operator, within 10 days
158after the time she or he has knowledge of the location of the
159vehicle or vessel, may file a complaint in the county court of
160the county in which the vehicle or vessel is stored or in which
161the owner resides to determine if her or his property was
162wrongfully taken or withheld from her or him.
163     (b)  Upon filing of a complaint, an owner or lienholder may
164have her or his vehicle or vessel released upon posting with the
165court a cash or surety bond or other adequate security equal to
166the amount of the charges for towing or storage and lot rental
167amount to ensure the payment of such charges in the event she or
168he does not prevail. Upon the posting of the bond and the
169payment of the applicable fee set forth in s. 28.24, the clerk
170of the court shall issue a certificate notifying the lienor of
171the posting of the bond and directing the lienor to release the
172vehicle or vessel. At the time of such release, after reasonable
173inspection, she or he shall give a receipt to the towing-storage
174company reciting any claims she or he has for loss or damage to
175the vehicle or vessel or the contents thereof.
176     (c)  Upon determining the respective rights of the parties,
177the court may award damages, attorney's fees, and costs in favor
178of the prevailing party. In any event, the final order shall
179provide for immediate payment in full of recovery, towing, and
180storage fees by the vehicle or vessel owner or lienholder; or
181the agency ordering the tow; or the owner, lessee, or agent
182thereof of the property from which the vehicle or vessel was
183removed.
184     (7)(a)  A wrecker operator recovering, towing, or storing
185vehicles or vessels is not liable for damages connected with
186such services, theft of such vehicles or vessels, or theft of
187personal property contained in such vehicles or vessels,
188provided that such services have been performed with reasonable
189care and provided, further, that, in the case of removal of a
190vehicle or vessel upon the request of a person purporting, and
191reasonably appearing, to be the owner or lessee, or a person
192authorized by the owner or lessee, of the property from which
193such vehicle or vessel is removed, such removal has been done in
194compliance with s. 715.07. Further, a wrecker operator is not
195liable for damage to vehicles, vessels, or cargo which is
196connected with such services when complying with the lawful
197directions of a law enforcement officer to remove a vehicle or
198vessel stopped, standing, or parked upon a street or highway in
199such a position as to obstruct the normal movement of traffic or
200in such a condition as to create a hazard to other traffic upon
201the street or highway.
202     (b)  For the purposes of this subsection, a wrecker
203operator is presumed to use reasonable care to prevent the theft
204of a vehicle or vessel or of any personal property contained in
205such vehicle stored in the wrecker operator's storage facility
206if all of the following apply:
207     1.  The wrecker operator surrounds the storage facility
208with a chain-link or solid-wall type fence at least 6 feet in
209height;
210     2.  The wrecker operator has illuminated the storage
211facility with lighting of sufficient intensity to reveal persons
212and vehicles at a distance of at least 150 feet during
213nighttime; and
214     3.  The wrecker operator uses one or more of the following
215security methods to discourage theft of vehicles or vessels or
216of any personal property contained in such vehicles or vessels
217stored in the wrecker operator's storage facility:
218     a.  A night dispatcher or watchman remains on duty at the
219storage facility from sunset to sunrise;
220     b.  A security dog remains at the storage facility from
221sunset to sunrise;
222     c.  Security cameras or other similar surveillance devices
223monitor the storage facility; or
224     d.  A security guard service examines the storage facility
225at least once each hour from sunset to sunrise.
226     (c)  Any law enforcement agency requesting that a motor
227vehicle be removed from an accident scene, street, or highway
228must conduct an inventory and prepare a written record of all
229personal property found in the vehicle before the vehicle is
230removed by a wrecker operator. However, if the owner or driver
231of the motor vehicle is present and accompanies the vehicle, no
232inventory by law enforcement is required. A wrecker operator is
233not liable for the loss of personal property alleged to be
234contained in such a vehicle when such personal property was not
235identified on the inventory record prepared by the law
236enforcement agency requesting the removal of the vehicle.
237     (10)  Persons who provide services pursuant to this section
238shall permit vehicle or vessel owners or their agents, which
239agency is evidenced by an original written copy a writing
240acknowledged by the owner before a notary public or other person
241empowered by law to administer oaths, to inspect the towed
242vehicle or vessel and shall release to the owner or agent the
243vehicle or vessel or all personal property not affixed to the
244vehicle or vessel which was in the vehicle or vessel at the time
245the vehicle or vessel came into the custody of the person
246providing such services.
247     Section 3.  Section 715.07, Florida Statutes, is amended to
248read:
249     715.07  Vehicles or vessels parked on private property;
250towing.--
251     (1)  As used in this section, the term "vehicle" means any
252mobile item which normally uses wheels, whether motorized or
253not.
254     (2)  The owner or lessee of real property, or any person
255authorized by the owner or lessee, which person may be the
256designated representative of the condominium association if the
257real property is a condominium, may cause any vehicle or vessel
258parked on such property without her or his permission to be
259removed by a person regularly engaged in the business of towing
260vehicles or vessels, without liability for the costs of removal,
261transportation, or storage or damages caused by such removal,
262transportation, or storage, under any of the following
263circumstances:
264     (a)  The towing or removal of any vehicle or vessel from
265private property without the consent of the registered owner or
266other legally authorized person in control of that vehicle or
267vessel is subject to strict compliance with the following
268conditions and restrictions:
269     1.a.  Any towed or removed vehicle or vessel must be stored
270at a site within a 10-mile radius 10 miles of the point of
271removal in any county of 500,000 population or more, and within
272a 15-mile radius 15 miles of the point of removal in any county
273of less than 500,000 population. That site must be open for the
274purpose of redemption of vehicles or vessels on any day that the
275person or firm towing such vehicle or vessel is open for towing
276purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall
277have prominently posted a sign indicating a telephone number
278where the operator of the site can be reached at all times. Upon
279receipt of a telephoned request to open the site to redeem a
280vehicle or vessel, the operator shall return to the site within
2811 hour or she or he will be in violation of this section.
282     b.  If no towing business providing such service is located
283within the area of towing limitations set forth in sub-
284subparagraph a., the following limitations apply: any towed or
285removed vehicle or vessel must be stored at a site within a 20-
286mile radius 20 miles of the point of removal in any county of
287500,000 population or more, and within a 30-mile radius 30 miles
288of the point of removal in any county of less than 500,000
289population.
290     2.  The person or firm towing or removing the vehicle or
291vessel shall, within 30 minutes after of completion of such
292towing or removal, notify the municipal police department or, in
293an unincorporated area, the sheriff of such towing or removal,
294the storage site, the time the vehicle or vessel was towed or
295removed, and the make, model, color, and license plate number of
296the vehicle or description and registration number of the vessel
297and shall obtain the name of the person at that department to
298whom such information was reported and note that name on the
299trip record.
300     3.  If the registered owner or other legally authorized
301person in control of the vehicle or vessel arrives at the scene
302prior to removal or towing of the vehicle or vessel loaded or
303connected for towing, the vehicle or vessel shall be
304disconnected from the towing or removal apparatus, and that
305person shall be allowed to remove the vehicle or vessel from the
306property without interference upon the payment of a reasonable
307service fee of not more than one-half of the posted rate for
308such towing service as provided in subparagraph 6., for which a
309receipt shall be given, unless that person refuses to remove the
310vehicle or vessel that which is otherwise unlawfully parked.
311     4.  No person or firm towing or removing vehicles or
312vessels, or employee or agent of any such person or firm, may
313give a The rebate or payment of money or any other valuable
314consideration from the individual or firm towing or removing
315vehicles to the owner owners or operators of the premises from
316which a vehicle or vessel is the vehicles are towed or removed,
317for the privilege of removing or towing the vehicle or vessel
318those vehicles, is prohibited. A property owner may not solicit
319a person or firm towing or removing vehicles or vessels, or an
320employee or agent of any such person or firm, to give him or her
321a rebate or the payment of money or other valuable consideration
322for the privilege of removing or towing a vehicle or vessel from
323the owner's premises.
324     5.  Except for property appurtenant to and obviously a part
325of a single-family residence, and except for instances when
326notice is personally given to the owner or other legally
327authorized person in control of the vehicle or vessel that the
328area in which that vehicle or vessel is parked is reserved or
329otherwise unavailable for unauthorized vehicles or vessels and
330that the vehicle or vessel is subject to being removed at the
331owner's or operator's expense, any property owner or lessee, or
332person authorized by the property owner or lessee, prior to
333towing or removing any vehicle or vessel from private property
334without the consent of the owner or other legally authorized
335person in control of that vehicle or vessel, must post a notice
336meeting the following requirements:
337     a.  The notice must be prominently placed at each driveway
338access or curb cut allowing vehicular access to the property,
339within 5 feet from the public right-of-way line. If there are no
340curbs or access barriers, the signs must be posted not less than
341one sign for each 25 feet of lot frontage.
342     b.  The notice must clearly indicate, in not less than 2-
343inch high, light-reflective letters on a contrasting background,
344that unauthorized vehicles or vessels will be towed away at the
345owner's expense. The words "tow-away zone" must be included on
346the sign in not less than 4-inch high letters.
347     c.  The notice must also provide the name and current
348telephone number of the person or firm towing or removing the
349vehicles or vessels, if the property owner, lessee, or person in
350control of the property has a written contract with the towing
351company.
352     d.  The sign structure containing the required notices must
353be permanently installed with the words "tow-away zone" not less
354than 3 feet and not more than 6 feet above ground level and must
355be continuously maintained on the property for not less than 24
356hours prior to the towing or removal of any vehicles or vessels.
357     e.  The local government may require permitting and
358inspection of these signs prior to any towing or removal of
359vehicles or vessels being authorized.
360     f.  A business with 20 or fewer parking spaces satisfies
361the notice requirements of this subparagraph by prominently
362displaying a sign stating "Reserved Parking for Customers Only
363Unauthorized Vehicles or Vessels Will be Towed Away At the
364Owner's Expense" in not less than 4-inch high, light-reflective
365letters on a contrasting background.
366     g.  A property owner towing or removing vessels from real
367property must post notice, consistent with the requirements in
368sub-subparagraphs a.-f., which apply to vehicles, that
369unauthorized vehicles or vessels will be towed away at the
370owner's expense.
371
372A business owner or lessee may authorize the removal of a
373vehicle or vessel by a towing company when the vehicle or vessel
374is parked in such a manner that restricts the normal operation
375of business; and, if a vehicle or vessel parked on a public
376right-of-way obstructs access to a private driveway, the owner,
377lessee, or agent may have the vehicle or vessel removed by a
378towing company upon signing an order that the vehicle or vessel
379be removed without a posted tow-away zone sign.
380     6.  Any person or firm that tows or removes vehicles or
381vessels and proposes to require an owner, operator, or person in
382control of a vehicle or vessel to pay the costs of towing and
383storage prior to redemption of the vehicle or vessel must file
384and keep on record with the local law enforcement agency a
385complete copy of the current rates to be charged for such
386services and post at the storage site an identical rate schedule
387and any written contracts with property owners, lessees, or
388persons in control of property which authorize such person or
389firm to remove vehicles or vessels as provided in this section.
390     7.  Any person or firm towing or removing any vehicles or
391vessels from private property without the consent of the owner
392or other legally authorized person in control of the vehicles or
393vessels shall, on any trucks, wreckers as defined in s.
394713.78(1)(c), or other vehicles used in the towing or removal,
395have the name, address, and telephone number of the company
396performing such service clearly printed in contrasting colors on
397the driver and passenger sides of the vehicle. The name shall be
398in at least 3-inch permanently affixed letters, and the address
399and telephone number shall be in at least 1-inch permanently
400affixed letters.
401     8.  Vehicle entry for the purpose of removing the vehicle
402or vessel shall be allowed with reasonable care on the part of
403the person or firm towing the vehicle or vessel. Such person or
404firm shall be liable for any damage occasioned to the vehicle if
405such entry is not in accordance with the standard of reasonable
406care.
407     9.  When a vehicle or vessel has been towed or removed
408pursuant to this section, it must be released to its owner or
409custodian within one hour after requested. Any vehicle or vessel
410owner, custodian, or agent shall have the right to inspect the
411vehicle or vessel before accepting its return, and no release or
412waiver of any kind which would release the person or firm towing
413the vehicle or vessel from liability for damages noted by the
414owner or other legally authorized person at the time of the
415redemption may be required from any vehicle or vessel owner,
416custodian, or agent as a condition of release of the vehicle or
417vessel to its owner. A detailed, signed receipt showing the
418legal name of the company or person towing or removing the
419vehicle or vessel must be given to the person paying towing or
420storage charges at the time of payment, whether requested or
421not.
422     (b)  The These requirements of this subsection are shall be
423the minimum standards and do shall not preclude enactment of
424additional regulations by any municipality or county including
425the right to regulate rates when vehicles or vessels are towed
426from private property.
427     (3)  This section does not apply to law enforcement,
428firefighting, rescue squad, ambulance, or other emergency
429vehicles or vessels that which are marked as such or to property
430owned by any governmental entity.
431     (4)  When a person improperly causes a vehicle or vessel to
432be removed, such person shall be liable to the owner or lessee
433of the vehicle or vessel for the cost of removal,
434transportation, and storage; any damages resulting from the
435removal, transportation, or storage of the vehicle or vessel;
436attorney's attorneys' fees; and court costs.
437     (5)(a)  Any person who violates the provisions of
438subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
439of a misdemeanor of the first degree, punishable as provided in
440s. 775.082 or s. 775.083.
441     (b)  Any person who violates sub-subparagraph (2)(a)1.a.,
442subparagraph (2)(a)3., subparagraph (2)(a)4., the provisions of
443subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
444guilty of a felony of the third degree, punishable as provided
445in s. 775.082, s. 775.083, or s. 775.084.
446     Section 4.  This act shall take effect July 1, 2005.


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