HB 0571

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to wrecker operators; amending s. 319.30,
7	F.S.; redefining the term "certificate of destruction," to
8	conform; amending s. 323.001, F.S.; revising certain
9	towing and storage rates; amending s. 713.78, F.S.;
10	removing mobile homes from the application of a statutory
11	lien for towing and storage; conforming provisions related
12	to recovering, towing, or storing vessels; providing for
13	attorney's fees; creating s. 713.785, F.S.; authorizing
14	the imposition of lien by a mobile home transport company
15	for recovering, towing, or storing a mobile home;
16	providing definitions; requiring a mobile home transport
17	company to provide notice of recovery, towing, or storage
18	services; providing for the filing of a complaint;
19	providing procedures for the sale of an unclaimed mobile
20	home; specifying circumstances under which a mobile home
21	transport company must obtain a certificate of
22	destruction; providing for fees; authorizing the
23	department to adopt rules; providing for fees; providing
24	for issuing certificates of destruction and revalidation
25	stickers; providing procedures for disputing a lien and
26	for discharge of a lien; providing for the posting and
27	repayment of surety; providing for criminal penalties;
28	amending s. 715.07, F.S.; conforming provisions related to
29	towing vessels parked on private property; imposing
30	criminal penalties for failure to comply with certain laws
31	governing the towing of vehicles and vessels; providing
32	effective dates.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Paragraph (a) of subsection (1) of section
37	319.30, Florida Statutes, is amended to read:
38	319.30  Definitions; dismantling, destruction, change of
39	identity of motor vehicle or mobile home; salvage.--
40	(1)  As used in this section, the term:
41	(a)  "Certificate of destruction" means the certificate
42	issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
43	Section 2.  Subsection (1) of section 323.001, Florida
44	Statutes, is republished, and paragraph (c) of subsection (2) of
45	that section is amended, to read:
46	323.001  Wrecker operator storage facilities; vehicle
47	holds.--
48	(1)  An investigating agency may place a hold on a motor
49	vehicle stored within a wrecker operator's storage facility for
50	a period not to exceed 5 days, excluding holidays and weekends,
51	unless extended in writing.
52	(2)  The investigating agency must notify the wrecker
53	operator in writing within 5 days, excluding holidays and
54	weekends, whether the hold is to be continued. If no
55	notification follows this period of time, the wrecker operator
56	may release the vehicle to the designated person pursuant to s.
57	713.78.
58	(c)  The towing and storage rates for the owner or
59	lienholder of the held vehicle shall not exceed the contract or
60	county rates for the investigating agency.
61	Section 3.  Subsections (2), (4), (5), (7), and (10) of
62	section 713.78, Florida Statutes, are amended to read:
63	713.78  Liens for recovering, towing, or storing vehicles
64	and vessels.--
65	(2)  Whenever a person regularly engaged in the business of
66	transporting vehicles or vessels by wrecker, tow truck, or car
67	carrier recovers, removes, or stores a vehicle or, vessel, or
68	mobile home upon instructions from:
69	(a)  The owner thereof; or
70	(b)  The owner or lessor, or a person authorized by the
71	owner or lessor, of property on which such vehicle or vessel is
72	wrongfully parked, and such removal is done in compliance with
73	s. 715.07; or
74	(c)  Any law enforcement agency,; or
75	(d)  A mobile home park owner as defined in s. 723.003 who
76	has a current writ of possession for a mobile home lot pursuant
77	to s. 723.061,
78
79	she or he shall have a lien on the such vehicle or vessel for a
80	reasonable towing fee and for a reasonable storage fee; except
81	that no storage fee shall be charged if the such vehicle is
82	stored for less than 6 hours.
83	(4)(a)  Any person regularly engaged in the business of
84	recovering, towing, or storing vehicles or vessels who comes
85	into possession of a vehicle or vessel pursuant to subsection
86	(2), and who claims a lien for recovery, towing, or storage
87	services, shall give notice to the registered owner, the
88	insurance company insuring the vehicle notwithstanding the
89	provisions of s. 627.736, and to all persons claiming a lien
90	thereon, as disclosed by the records in the Department of
91	Highway Safety and Motor Vehicles or of a corresponding agency
92	in any other state.
93	(b)  Whenever any law enforcement agency authorizes the
94	removal of a vehicle or vessel or whenever any towing service,
95	garage, repair shop, or automotive service, storage, or parking
96	place notifies the law enforcement agency of possession of a
97	vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
98	law enforcement agency shall contact the Department of Highway
99	Safety and Motor Vehicles, or the appropriate agency of the
100	state of registration, if known, within 24 hours through the
101	medium of electronic communications, giving the full description
102	of the vehicle or vessel. Upon receipt of the full description
103	of the vehicle or vessel, the department shall search its files
104	to determine the owner's name, the insurance company insuring
105	the vehicle or vessel, and whether any person has filed a lien
106	upon the vehicle or vessel as provided in s. 319.27(2) and (3)
107	and notify the applicable law enforcement agency within 72
108	hours. The person in charge of the towing service, garage,
109	repair shop, or automotive service, storage, or parking place
110	shall obtain such information from the  applicable law
111	enforcement agency within 5 days from the date of storage and
112	shall give notice pursuant to paragraph (a). The department may
113	release the insurance company information to the requestor
114	notwithstanding the provisions of s. 627.736.
115	(c)  Notice by certified mail, return receipt requested,
116	shall be sent within 7 business days after the date of storage
117	of the vehicle or vessel to the registered owner, the insurance
118	company insuring the vehicle notwithstanding the provisions of
119	s. 627.736, and all persons of record claiming a lien against
120	the vehicle or vessel.  It shall state the fact of possession of
121	the vehicle or vessel, that a lien as provided in subsection (2)
122	is claimed, that charges have accrued and the amount thereof,
123	that the lien is subject to enforcement pursuant to law, and
124	that the owner or lienholder, if any, has the right to a hearing
125	as set forth in subsection (5), and that any vehicle or vessel
126	which remains unclaimed, or for which the charges for recovery,
127	towing, or storage services remain unpaid, may be sold free of
128	all prior liens after 35 days if the vehicle or vessel is more
129	than 3 years of age or after 50 days if the vehicle or vessel is
130	3 years of age or less.
131	(d)  If attempts to locate the name and address of the
132	owner or lienholder prove unsuccessful, the towing-storage
133	operator shall, after 7 working days, excluding Saturday and
134	Sunday, of the initial tow or storage, notify the public agency
135	of jurisdiction in writing by certified mail or acknowledged
136	hand delivery that the towing-storage company has been unable to
137	locate the name and address of the owner or lienholder and a
138	physical search of the vehicle or vessel has disclosed no
139	ownership information and a good faith effort has been made. For
140	purposes of this paragraph and subsection (9), "good faith
141	effort" means that the following checks have been performed by
142	the company to establish prior state of registration and for
143	title:
144	1.  Check of vehicle or vessel for any type of tag, tag
145	record, temporary tag, or regular tag.
146	2.  Check of law enforcement report for tag number or other
147	information identifying the vehicle or vessel, if the vehicle or
148	vessel was towed at the request of a law enforcement officer.
149	3.  Check of trip sheet or tow ticket of tow truck operator
150	to see if a tag was on vehicle or vessel at beginning of tow, if
151	private tow.
152	4.  If there is no address of the owner on the impound
153	report, check of law enforcement report to see if an out-of-
154	state address is indicated from driver license information.
155	5.  Check of vehicle or vessel for inspection sticker or
156	other stickers and decals that may indicate a state of possible
157	registration.
158	6.  Check of the interior of the vehicle or vessel for any
159	papers that may be in the glove box, trunk, or other areas for a
160	state of registration.
161	7.  Check of vehicle for vehicle identification number.
162	8.  Check of vessel for vessel registration number.
163	9.  Check of vessel hull for a hull identification number
164	which should be carved, burned, stamped, embossed, or otherwise
165	permanently affixed to the outboard side of the transom or, if
166	there is no transom, to the outmost seaboard side at the end of
167	the hull that bears the rudder or other steering mechanism.
168	(5)(a)  The owner of a vehicle or vessel removed pursuant
169	to the provisions of subsection (2), or any person claiming a
170	lien, other than the towing-storage operator, within 10 days
171	after the time she or he has knowledge of the location of the
172	vehicle or vessel, may file a complaint in the county court of
173	the county in which the vehicle or vessel is stored or in which
174	the owner resides to determine if her or his property was
175	wrongfully taken or withheld from her or him.
176	(b)  Upon filing of a complaint, an owner or lienholder may
177	have her or his vehicle or vessel released upon posting with the
178	court a cash or surety bond or other adequate security equal to
179	the amount of the charges for towing or storage and lot rental
180	amount to ensure the payment of such charges in the event she or
181	he does not prevail.  Upon the posting of the bond and the
182	payment of the applicable fee set forth in s. 28.24, the clerk
183	of the court shall issue a certificate notifying the lienor of
184	the posting of the bond and directing the lienor to release the
185	vehicle or vessel. At the time of such release, after reasonable
186	inspection, she or he shall give a receipt to the towing-storage
187	company reciting any claims she or he has for loss or damage to
188	the vehicle or vessel or the contents thereof.
189	(c)  Upon determining the respective rights of the parties,
190	the court may award damages, attorney's fees, and costs in favor
191	of the prevailing party.  In any event, the final order shall
192	provide for immediate payment in full of recovery, towing, and
193	storage fees by the vehicle or vessel owner or lienholder; or
194	the agency ordering the tow; or the owner, lessee, or agent
195	thereof of the property from which the vehicle or vessel was
196	removed.
197	(7)(a)  A wrecker operator recovering, towing, or storing
198	vehicles or vessels is not liable for damages connected with
199	such services, theft of such vehicles or vessels, or theft of
200	personal property contained in such vehicles or vessels,
201	provided that such services have been performed with reasonable
202	care and provided, further, that, in the case of removal of a
203	vehicle or vessel upon the request of a person purporting, and
204	reasonably appearing, to be the owner or lessee, or a person
205	authorized by the owner or lessee, of the property from which
206	such vehicle or vessel is removed, such removal has been done in
207	compliance with s. 715.07. Further, a wrecker operator is not
208	liable for damage to a vehicle, vessel, or cargo that obstructs
209	the normal movement of traffic or creates a hazard to traffic
210	and is removed in compliance with the request of a law
211	enforcement officer. connected with such services when complying
212	with the lawful directions of a law enforcement officer to
213	remove a vehicle stopped, standing, or parked upon a street or
214	highway in such a position as to obstruct the normal movement of
215	traffic or in such a condition as to create a hazard to other
216	traffic upon the street or highway.
217	(b)  For the purposes of this subsection, a wrecker
218	operator is presumed to use reasonable care to prevent the theft
219	of a vehicle or vessel or of any personal property contained in
220	such vehicle stored in the wrecker operator's storage facility
221	if all of the following apply:
222	1.  The wrecker operator surrounds the storage facility
223	with a chain-link or solid-wall type fence at least 6 feet in
224	height;
225	2.  The wrecker operator has illuminated the storage
226	facility with lighting of sufficient intensity to reveal persons
227	and vehicles at a distance of at least 150 feet during
228	nighttime; and
229	3.  The wrecker operator uses one or more of the following
230	security methods to discourage theft of vehicles or vessels or
231	of any personal property contained in such vehicles or vessels
232	stored in the wrecker operator's storage facility:
233	a.  A night dispatcher or watchman remains on duty at the
234	storage facility from sunset to sunrise;
235	b.  A security dog remains at the storage facility from
236	sunset to sunrise;
237	c.  Security cameras or other similar surveillance devices
238	monitor the storage facility; or
239	d.  A security guard service examines the storage facility
240	at least once each hour from sunset to sunrise.
241	(c)  Any law enforcement agency requesting that a motor
242	vehicle be removed from an accident scene, street, or highway
243	must conduct an inventory and prepare a written record of all
244	personal property found in the vehicle before the vehicle is
245	removed by a wrecker operator. However, if the owner or driver
246	of the motor vehicle is present and accompanies the vehicle, no
247	inventory by law enforcement is required. A wrecker operator is
248	not liable for the loss of personal property alleged to be
249	contained in such a vehicle when such personal property was not
250	identified on the inventory record prepared by the law
251	enforcement agency requesting the removal of the vehicle.
252	(10)  Persons who provide services pursuant to this section
253	shall permit vehicle or vessel owners or their agents, which
254	agency is evidenced by an original a writing acknowledged by the
255	owner before a notary public or other person empowered by law to
256	administer oaths, to inspect the towed vehicle or vessel and
257	shall release to the owner or agent the vehicle, vessel, or all
258	personal property not affixed to the vehicle or vessel which was
259	in the vehicle or vessel at the time the vehicle or vessel came
260	into the custody of the person providing such services.
261	Section 4.  Effective January 1, 2006, section 713.785,
262	Florida Statutes, is created to read:
263	713.785  Liens for recovering, towing, or storing mobile
264	homes.--
265	(1)  As used in this section, the term:
266	(a)  "Mobile home transport company" means a person
267	regularly engaged in the business of transporting mobile homes.
268	(b)  "Store" means a mobile home transport company has
269	legal possession of a mobile home either on the mobile home
270	transport company's property or on any other property.
271	(c)  "Unpaid lot rental amount" or "rent" means any unpaid
272	financial obligations of the mobile home owner or tenant to the
273	mobile home park owner defined as "lot rental amount" in s.
274	723.003 or "rent" in part II of chapter 83 and includes any
275	amounts defined as storage charges in s. 723.084.
276	(2)  If the mobile home transport company recovers,
277	removes, or stores a mobile home upon instructions from:
278	(a)  The owner of the mobile home;
279	(b)  Any law enforcement agency; or
280	(c)  A mobile home park owner as defined in s. 723.003 who
281	has a current writ of possession for a mobile home lot under s.
282	723.062 or s. 83.62,
283
284	the mobile home transport company has a lien on the mobile home
285	for a reasonable towing fee and for a reasonable storage fee.
286	(3)(a)  A mobile home transport company that comes into
287	possession of a mobile home under subsection (2) and that claims
288	a lien for recovery, towing, or storage services must give
289	notice to the registered owner and to all persons claiming a
290	lien on the mobile home, as disclosed by the records in the
291	Department of Highway Safety and Motor Vehicles or of a
292	corresponding agency in any other state.
293	(b)  Notice by certified mail, return receipt requested,
294	shall be sent within 7 business days after the date of storage
295	of the mobile home to the registered owner at the owner's last
296	known address, and all persons of record claiming a lien against
297	the mobile home. The notice shall state the fact of possession
298	of the mobile home, that a lien as provided in subsection (2) is
299	claimed, that charges have accrued and the amount thereof, that
300	the lien is subject to enforcement under law and that the owner
301	or lienholder, if any, has the right to a hearing as set forth
302	in subsection (4), and that any mobile home which remains
303	unclaimed, or for which charges remain unpaid, may be sold free
304	of all prior liens after 35 days.
305	(4)(a)  The owner of a mobile home stored under subsection
306	(2), or any person claiming a lien of record, other than the
307	mobile home transport company, within 10 days after the time she
308	or he has knowledge of the location of the mobile home, may file
309	a complaint in the court of the county in which the mobile home
310	is stored, to determine if her or his property was wrongfully
311	taken or withheld from her or him.
312	(b)  Upon filing of a complaint, an owner or lienholder may
313	have the mobile home released upon posting with the court a cash
314	or surety bond or other adequate security equal to the amount of
315	the charges for towing or storage and lot rental amount due and
316	owing at that time to ensure the payment of the charges in the
317	event she or he does not prevail. Upon the posting of the bond
318	and the payment of the applicable fee set forth in s. 28.24, the
319	clerk of the court shall issue a certificate notifying the
320	mobile home transport company of the posting of the bond and
321	directing the mobile home transport company to release the
322	mobile home. At the time of the release, after reasonable
323	inspection, she or he shall give a receipt to the mobile home
324	transport company citing any claims she or he has for loss or
325	damage to the mobile home or the contents thereof.
326	(c)  Upon determining the respective rights of the parties,
327	the court may award damages and costs in favor of the prevailing
328	party. The final order shall provide for immediate payment in
329	full of any lien for recovery, towing, and storage fees and any
330	unpaid lot rental amount accruing until the time the home is
331	removed from the property, by the mobile home owner or
332	lienholder, or the owner, lessee, or agent thereof of the
333	property from which the mobile home was removed.
334	(5)  A mobile home that is stored under subsection (2) and
335	which remains unclaimed, or for which reasonable charges for
336	recovery, towing, or storing remain unpaid or for which a lot
337	rental amount is due and owing to the mobile home park owner as
338	evidenced by a judgment for unpaid rent and any contents of the
339	mobile home not released under subsection (9), may be sold by
340	the mobile home transport company for the towing or storage
341	charge and any unpaid lot rental amount 35 days after the mobile
342	home is stored by a mobile home transport company. The sale
343	shall be at public auction for cash. If the date of the sale was
344	not included in the notice required by subsection (3), notice of
345	the sale must be given to the person in whose name the mobile
346	home is registered at her or his last known address, to the
347	mobile home park owner, and to all persons claiming a lien on
348	the mobile home as shown on the records of the Department of
349	Highway Safety and Motor Vehicles or of the corresponding agency
350	in any other state. Notice must be sent by certified mail,
351	return receipt requested, at least 15 days before the date of
352	the sale. After diligent search and inquiry, if the name and
353	address of the registered owner or the owner of the recorded
354	lien cannot be ascertained, the requirements of notice by mail
355	may be dispensed with. In addition to the notice by mail, public
356	notice of the time and place of sale must be made by publishing
357	a notice of the sale one time, at least 10 days before the date
358	of the sale, in a newspaper of general circulation in the county
359	in which the sale is to be held. The proceeds of the sale, after
360	payment of reasonable towing and storage charges, costs of the
361	sale, and the unpaid lot rental amount as evidenced by the
362	judgment for unpaid lot rental and an affidavit executed by the
363	mobile home park owner or the owner's agent establishing the
364	amount of unpaid lot rental amount through the date of the sale,
365	in that order of priority, must be deposited with the clerk of
366	the circuit court for the county if the owner is absent, and the
367	clerk shall hold the proceeds subject to the claim of the person
368	legally entitled to those proceeds. The clerk is entitled to
369	receive 5 percent of the proceeds for the care and disbursement
370	of the proceeds. The certificate of title issued under this
371	section shall be discharged of all liens unless otherwise
372	provided by court order.
373	(6)  The mobile home transport company, the landlord or his
374	or her agent, or any subsequent purchaser for value is not
375	responsible to the tenant or any other party for loss,
376	destruction, or damage to the mobile home or other personal
377	property after coming into possession of the mobile home under
378	this section, provided the mobile home transport company, the
379	landlord, or the agent of either uses reasonable care in storing
380	the mobile home. As used in this subsection, the term
381	"reasonable care" means securing the mobile home by changing
382	door locks, or any similar methods for securing the mobile home,
383	in place in the mobile home park or in a separate storage area.
384	(7)(a)  A mobile home transport company that comes into
385	possession of a mobile home under subsection (2) and that
386	complies with subsection (3), if the mobile home is to be sold
387	for purposes of being dismantled, destroyed, or changed so that
388	it is not the mobile home described in the certificate of title,
389	must apply to the county tax collector for a certificate of
390	destruction. A certificate of destruction, which authorizes the
391	dismantling or destruction of the mobile home described in the
392	certificate, is reassignable no more than twice before
393	dismantling or destruction of the mobile home and the
394	certificate must accompany the mobile home for which it is
395	issued when the mobile home is sold for that purpose, in lieu of
396	a certificate of title. The application for a certificate of
397	destruction must include an affidavit from the applicant that it
398	has complied with all applicable requirements of this section;
399	must, if the mobile home is not registered in this state,
400	include a statement from a law enforcement officer that the
401	mobile home is not reported stolen; and shall be accompanied by
402	any other documentation as may be required by the department.
403	(b)  The Department of Highway Safety and Motor Vehicles
404	shall charge a fee of $3 for each certificate of destruction.
405	The tax collector who processes the application shall collect
406	and retain a service charge of $4.25.
407	(c)  The Department of Highway Safety and Motor Vehicles
408	may adopt rules to administer this subsection.
409	(d)  Employees of the Department of Highway Safety and
410	Motor Vehicles and law enforcement officers may inspect the
411	records of each mobile home transport company in this state to
412	ensure compliance with this section.
413	(8)(a)  Upon receipt by the Department of Highway Safety
414	and Motor Vehicles of written notice from a mobile home
415	transport company that claims a lien under paragraph (2)(b) or
416	paragraph (2)(c) for recovery, towing, or storage of a mobile
417	home for which a certificate of destruction has been issued
418	under subsection (7), the department shall place the name of the
419	registered owner of that mobile home on the list of those
420	persons who may not be issued a revalidation sticker under s.
421	320.03. If the mobile home is owned jointly by more than one
422	person, the name of each registered owner must be placed on the
423	list. The notice of a mobile home transport company's lien must
424	be submitted on forms provided by the department, which must
425	include:
426	1.  The name, address, and telephone number of the mobile
427	home transport company.
428	2.  The name of the registered owner of the mobile home and
429	the address to which the mobile home transport company provided
430	notice of the lien to the registered owner under subsection (3).
431	3.  A general description of the mobile home, including its
432	color, make, model, body style, and year.
433	4.  The mobile home sticker number, state, and year or
434	other identification number, as applicable.
435	5.  The name of the person or the corresponding law
436	enforcement agency that requested that the mobile home be
437	recovered, towed, or stored.
438	6.  The amount of the lien, not to exceed the amount
439	allowed by paragraph (b).
440	(b)  For purposes of this subsection, the amount of the
441	mobile home transport company's lien for which the department
442	will prevent issuance of a revalidation sticker may not exceed
443	the amount of the charges for recovery, towing, and storage of
444	the mobile home for 7 days. These charges may not exceed the
445	maximum rates imposed by the ordinances of the respective county
446	or municipality under ss. 125.0103(1)(c) and 166.043(1)(c). This
447	paragraph does not limit the amount of a mobile home transport
448	company's lien claimed under subsection (2) or prevent a mobile
449	home transport company from seeking civil remedies for
450	enforcement of the entire amount of the lien, but limits only
451	that portion of the lien for which the department will prevent
452	issuance of a revalidation sticker.
453	(c)1.  The registered owner of the mobile home may dispute
454	the mobile home transport company's lien by notifying the
455	department of the dispute in writing on forms provided by the
456	department, if at least one of the following applies:
457	a.  The registered owner presents a notarized bill of sale
458	proving that the mobile home was sold in a private or casual
459	sale before the mobile home was recovered, towed, or stored.
460	b.  The registered owner presents proof that the Florida
461	certificate of title of the mobile home was sold to a licensed
462	dealer as defined in s. 319.001 before the mobile home was
463	recovered, towed, or stored.
464	c.  The records of the department were marked to indicate
465	that the mobile home was sold before the issuance of the
466	certificate of destruction under subsection (7).
467
468	If the registered owner's dispute of a mobile home transport
469	company's lien complies with one of these criteria, the
470	department shall immediately remove the registered owner's name
471	from the list of those persons who may not be issued a
472	revalidation sticker under s. 320.03. If the mobile home is
473	owned jointly by more than one person, each registered owner
474	must dispute the mobile home transport company's lien in order
475	to be removed from the list. However, the department shall deny
476	any dispute and maintain the registered owner's name on the list
477	of those persons who may not be issued a revalidation sticker if
478	the mobile home transport company has provided the department
479	with a certified copy of the judgment of a court which orders
480	the registered owner to pay the mobile home transport company's
481	lien claimed under this section. In such a case, the amount of
482	the mobile home transport company's lien authorized by paragraph
483	(b) may be increased to include no more than $500 of the
484	reasonable costs and attorney's fees incurred in obtaining the
485	judgment. The department's action under this subparagraph is
486	ministerial in nature, is not final agency action, and is
487	appealable only to the county court for the county in which the
488	mobile home was ordered removed.
489	2.  A person against whom a mobile home transport company's
490	lien has been imposed may alternatively obtain a discharge of
491	the lien by filing a complaint, challenging the validity of the
492	lien or the amount thereof, in the county court of the county in
493	which the mobile home was ordered removed. Upon filing of the
494	complaint, the person may have her or his name removed from the
495	list of those persons who may not be issued a revalidation
496	sticker for any mobile home under s. 320.03 upon posting with
497	the court a cash or surety bond or other adequate security equal
498	to the amount of the mobile home transport company's lien to
499	ensure the payment of the lien in the event she or he does not
500	prevail. Upon the posting of the bond and the payment of the
501	applicable fee set forth in s. 28.24, the clerk of the court
502	shall issue a certificate notifying the department of the
503	posting of the bond and directing the department to release the
504	mobile home transport company's lien. Upon determining the
505	respective rights of the parties, the court may award damages
506	and costs in favor of the prevailing party.
507	3.  If a person against whom a mobile home transport
508	company's lien has been imposed does not object to the lien but
509	cannot discharge the lien by payment because the mobile home
510	transport company has moved or gone out of business, the person
511	may have her or his name removed from the list of those persons
512	who may not be issued a revalidation sticker under s. 320.03
513	upon posting with the clerk of court in the county in which the
514	mobile home was ordered removed a cash or surety bond or other
515	adequate security equal to the amount of the mobile home
516	transport company's lien. Upon the posting of the bond and the
517	payment of the application fee set forth in s. 28.24, the clerk
518	of the court shall issue a certificate notifying the department
519	of the posting of the bond and directing the department to
520	release the mobile home transport company's lien. The department
521	shall mail to the mobile home transport company, at the address
522	upon the lien form, notice that the mobile home transport
523	company must claim the security within 60 days or the security
524	will be released to the person who posted it. At the conclusion
525	of the 60 days, the department shall direct the clerk as to
526	which party is entitled to payment of the security, less
527	applicable fees of the clerk.
528	4.  A mobile home transport company's lien expires 5 years
529	after its filing.
530	(d)  Upon discharge of the amount of the mobile home
531	transport company's lien allowed under paragraph (b), the mobile
532	home transport company must issue a certificate of discharged
533	lien on a form provided by the department to each registered
534	owner of the mobile home attesting that the amount of the mobile
535	home transport company's lien allowed under paragraph (b) has
536	been discharged. Upon presentation of the certificate of
537	discharged lien by the registered owner, the department shall
538	immediately remove the registered owner's name from the list of
539	those persons who may not be issued a revalidation sticker under
540	s. 320.03. Issuance of a certificate of discharged lien under
541	this paragraph does not discharge the entire amount of the
542	mobile home transport company's lien claimed under subsection
543	(2) but certifies to the department only that the amount of the
544	mobile home transport company's lien allowed by paragraph (b),
545	for which the department will prevent issuance of a revalidation
546	sticker, has been discharged.
547	(e)  When a mobile home transport company files a notice of
548	lien under this subsection, the department shall charge the
549	mobile home transport company a fee of $2, which must be
550	deposited into the General Revenue Fund. The tax collector who
551	processes a notice of lien shall collect and retain a service
552	charge of $2.50.
553	(f)  The Department of Highway Safety and Motor Vehicles
554	may adopt rules to administer this subsection.
555	(9)  Persons who provide services under this section shall
556	permit a mobile home owner or her or his agent, whose agency is
557	evidenced by a writing acknowledged by the owner before a notary
558	public or other person empowered by law to administer oaths, to
559	inspect the mobile home and shall release to the owner or agent
560	all personal property not affixed to the mobile home, provided
561	there exists no landlord's lien for rent under s. 713.691 or s.
562	713.77.
563	(10)  Any person who violates subsection (3), subsection
564	(5), subsection (6), subsection (7), or subsection (9) commits a
565	misdemeanor of the first degree, punishable as provided in s.
566	775.082 or s. 775.083.
567	Section 5.  Section 715.07, Florida Statutes, is amended to
568	read:
569	715.07  Vehicles or vessels parked on private property;
570	towing.--
571	(1)  As used in this section, the term "vehicle" means any
572	mobile item which normally uses wheels, whether motorized or
573	not.
574	(2)  The owner or lessee of real property, or any person
575	authorized by the owner or lessee, which person may be the
576	designated representative of the condominium association if the
577	real property is a condominium, may cause any vehicle or vessel
578	parked on such property without her or his permission to be
579	removed by a person regularly engaged in the business of towing
580	vehicles or vessels, without liability for the costs of removal,
581	transportation, or storage or damages caused by such removal,
582	transportation, or storage, under any of the following
583	circumstances:
584	(a)  The towing or removal of any vehicle or vessel from
585	private property without the consent of the registered owner or
586	other legally authorized person in control of that vehicle or
587	vessel is subject to strict compliance with the following
588	conditions and restrictions:
589	1.a.  Any towed or removed vehicle or vessel must be stored
590	at a site within a 10-mile radius 10 miles of the point of
591	removal in any county of 500,000 population or more, and within
592	a 15-mile radius 15 miles of the point of removal in any county
593	of less than 500,000 population. That site must be open for the
594	purpose of redemption of vehicles on any day that the person or
595	firm towing such vehicle or vessel is open for towing purposes,
596	from 8:00 a.m. to 6:00 p.m., and, when closed, shall have
597	prominently posted a sign indicating a telephone number where
598	the operator of the site can be reached at all times.  Upon
599	receipt of a telephoned request to open the site to redeem a
600	vehicle or vessel, the operator shall return to the site within
601	1 hour or she or he will be in violation of this section.
602	b.  If no towing business providing such service is located
603	within the area of towing limitations set forth in sub-
604	subparagraph a., the following limitations apply:  any towed or
605	removed vehicle or vessel must be stored at a site within a 20-
606	mile radius 20 miles of the point of removal in any county of
607	500,000 population or more, and within a 30-mile radius 30 miles
608	of the point of removal in any county of less than 500,000
609	population.
610	2.  The person or firm towing or removing the vehicle or
611	vessel shall, within 30 minutes after of completion of such
612	towing or removal, notify the municipal police department or, in
613	an unincorporated area, the sheriff of such towing or removal,
614	the storage site, the time the vehicle or vessel was towed or
615	removed, and the make, model, color, and license plate number of
616	the vehicle or description and registration number of the vessel
617	and shall obtain the name of the person at that department to
618	whom such information was reported and note that name on the
619	trip record.
620	3.  A person in the process of towing or removing a vehicle
621	or vessel from the premises or parking lot in which the vehicle
622	or vessel is not lawfully parked must stop when a person seeks
623	the return of the vehicle or vessel. The vehicle or vessel must
624	be returned upon the payment of a reasonable service fee of not
625	more than one-half of the posted rate for the towing or removal
626	service as provided in subparagraph 6. The vehicle or vessel may
627	be towed or removed if, after a reasonable opportunity, the
628	owner or legally authorized person in control of the vehicle or
629	vessel is unable to pay the service fee. If the vehicle or
630	vessel is redeemed, a detailed signed receipt must be given to
631	the person redeeming the vehicle or vessel. If the registered
632	owner or other legally authorized person in control of the
633	vehicle arrives at the scene prior to removal or towing of the
634	vehicle, the vehicle shall be disconnected from the towing or
635	removal apparatus, and that person shall be allowed to remove
636	the vehicle without interference upon the payment of a
637	reasonable service fee of not more than one-half of the posted
638	rate for such towing service as provided in subparagraph 6., for
639	which a receipt shall be given, unless that person refuses to
640	remove the vehicle which is otherwise unlawfully parked.
641	4.  A person may not pay or accept money or other valuable
642	consideration for the privilege of towing or removing vehicles
643	or vessels from a particular location. The rebate or payment of
644	money or any other valuable consideration from the individual or
645	firm towing or removing vehicles to the owners or operators of
646	the premises from which the vehicles are towed or removed, for
647	the privilege of removing or towing those vehicles, is
648	prohibited.
649	5.  Except for property appurtenant to and obviously a part
650	of a single-family residence, and except for instances when
651	notice is personally given to the owner or other legally
652	authorized person in control of the vehicle or vessel that the
653	area in which that vehicle or vessel is parked is reserved or
654	otherwise unavailable for unauthorized vehicles or vessels and
655	that the vehicle or vessel is subject to being removed at the
656	owner's or operator's expense, any property owner or lessee, or
657	person authorized by the property owner or lessee, prior to
658	towing or removing any vehicle or vessel from private property
659	without the consent of the owner or other legally authorized
660	person in control of that vehicle or vessel, must post a notice
661	meeting the following requirements:
662	a.  The notice must be prominently placed at each driveway
663	access or curb cut allowing vehicular access to the property,
664	within 5 feet from the public right-of-way line.  If there are
665	no curbs or access barriers, the signs must be posted not less
666	than one sign for each 25 feet of lot frontage.
667	b.  The notice must clearly indicate, in not less than 2-
668	inch high, light-reflective letters on a contrasting background,
669	that unauthorized vehicles will be towed away at the owner's
670	expense.  The words "tow-away zone" must be included on the sign
671	in not less than 4-inch high letters.
672	c.  The notice must also provide the name and current
673	telephone number of the person or firm towing or removing the
674	vehicles or vessels, if the property owner, lessee, or person in
675	control of the property has a written contract with the towing
676	company.
677	d.  The sign structure containing the required notices must
678	be permanently installed with the words "tow-away zone" not less
679	than 3 feet and not more than 6 feet above ground level and must
680	be continuously maintained on the property for not less than 24
681	hours prior to the towing or removal of any vehicles or vessels.
682	e.  The local government may require permitting and
683	inspection of these signs prior to any towing or removal of
684	vehicles or vessels being authorized.
685	f.  A business with 20 or fewer parking spaces satisfies
686	the notice requirements of this subparagraph by prominently
687	displaying a sign stating "Reserved Parking for Customers Only
688	Unauthorized Vehicles or Vessels Will be Towed Away At the
689	Owner's Expense" in not less than 4-inch high, light-reflective
690	letters on a contrasting background.
691	g.  A property owner towing or removing vessels from real
692	property must post notice, consistent with the requirements in
693	sub-subparagraphs a.-f., which apply to vehicles, that
694	unauthorized vehicles or vessels will be towed away at the
695	owner's expense.
696
697	A business owner or lessee may authorize the removal of a
698	vehicle or vessel by a towing company when the vehicle or vessel
699	is parked in such a manner that restricts the normal operation
700	of business; and if a vehicle or vessel parked on a public
701	right-of-way obstructs access to a private driveway the owner,
702	lessee, or agent may have the vehicle or vessel removed by a
703	towing company upon signing an order that the vehicle or vessel
704	be removed without a posted tow-away zone sign.
705	6.  Any person or firm that tows or removes vehicles or
706	vessels and proposes to require an owner, operator, or person in
707	control of a vehicle or vessel to pay the costs of towing and
708	storage prior to redemption of the vehicle or vessel must file
709	and keep on record with the local law enforcement agency a
710	complete copy of the current rates to be charged for such
711	services and post at the storage site an identical rate schedule
712	and any written contracts with property owners, lessees, or
713	persons in control of property which authorize such person or
714	firm to remove vehicles or vessels as provided in this section.
715	7.  Any person or firm towing or removing any vehicles or
716	vessels from private property without the consent of the owner
717	or other legally authorized person in control of the vehicles or
718	vessels shall, on any trucks, wreckers as defined in s.
719	713.78(1)(c), or other vehicles used in the towing or removal,
720	have the name, address, and telephone number of the company
721	performing such service clearly printed in contrasting colors on
722	the driver and passenger sides of the vehicle.  The name shall
723	be in at least 3-inch permanently affixed letters, and the
724	address and telephone number shall be in at least 1-inch
725	permanently affixed letters.
726	8.  Vehicle entry for the purpose of removing the vehicle
727	or vessel shall be allowed with reasonable care on the part of
728	the person or firm towing the vehicle or vessel.  Such person or
729	firm shall be liable for any damage occasioned to the vehicle or
730	vessel if such entry is not in accordance with the standard of
731	reasonable care.
732	9.  When a vehicle or vessel has been towed or removed
733	pursuant to this section, it must be released to its owner or
734	custodian within one hour after requested. Any vehicle or vessel
735	owner, custodian, or agent shall have the right to inspect the
736	vehicle or vessel before accepting its return, and no release or
737	waiver of any kind which would release the person or firm towing
738	the vehicle or vessel from liability for damages noted by the
739	owner or other legally authorized person at the time of the
740	redemption may be required from any vehicle or vessel owner,
741	custodian, or agent as a condition of release of the vehicle or
742	vessel to its owner.  A detailed, signed receipt showing the
743	legal name of the company or person towing or removing the
744	vehicle or vessel must be given to the person paying towing or
745	storage charges at the time of payment, whether requested or
746	not.
747	(b)  These requirements are shall be the minimum standards
748	and do shall not preclude enactment of additional regulations by
749	any municipality or county including the right to regulate rates
750	when vehicles or vessels are towed from private property.
751	(3)  This section does not apply to law enforcement,
752	firefighting, rescue squad, ambulance, or other emergency
753	vehicles or vessels that which are marked as such or to property
754	owned by any governmental entity.
755	(4)  When a person improperly causes a vehicle or vessel to
756	be removed, such person shall be liable to the owner or lessee
757	of the vehicle or vessel for the cost of removal,
758	transportation, and storage; any damages resulting from the
759	removal, transportation, or storage of the vehicle or vessel;
760	attorney's attorneys' fees; and court costs.
761	(5)(a)  Any person who violates the provisions of
762	subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
763	of a misdemeanor of the first degree, punishable as provided in
764	s. 775.082 or s. 775.083.
765	(b)  Any person who violates subparagraph (2)(a)1.,
766	subparagraph (2)(a)3., subparagraph (2)(a)4., the provisions of
767	subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
768	guilty of a felony of the third degree, punishable as provided
769	in s. 775.082, s. 775.083, or s. 775.084.
770	Section 6.  Except as otherwise expressly provided in this
771	act, this act shall take effect July 1, 2005.

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