HB 0571CS

CHAMBER ACTION



1The State Infrastructure Council 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 recovering, towing, and storage of
7motor vehicles, vessels, and mobile homes; amending s.
8319.30, F.S.; redefining the term "certificate of
9destruction," to conform; amending s. 323.001, F.S.;
10revising certain towing and storage rates; amending s.
11713.78, F.S.; removing mobile homes from the application
12of a statutory lien for towing and storage; conforming
13provisions related to recovering, towing, or storing
14vessels; providing for attorney's fees; creating s.
15713.785, F.S.; authorizing the imposition of lien by a
16mobile home transport company for recovering, towing, or
17storing a mobile home; providing definitions; requiring a
18mobile home transport company to provide notice of
19recovery, towing, or storage services; providing for the
20filing of a complaint; providing procedures for the sale
21of an unclaimed mobile home; specifying circumstances
22under which a mobile home transport company must obtain a
23certificate of destruction; providing for fees;
24authorizing the Department of Highway Safety and Motor
25Vehicles to adopt rules; providing for fees; providing for
26issuing certificates of destruction and revalidation
27stickers; providing procedures for disputing a lien and
28for discharge of a lien; providing for the posting and
29repayment of surety; providing for criminal penalties;
30amending s. 715.07, F.S.; conforming provisions related to
31towing vessels parked on private property; imposing
32criminal penalties for failure to comply with certain laws
33governing the towing of vehicles and vessels; providing
34effective dates.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Paragraph (a) of subsection (1) of section
39319.30, Florida Statutes, is amended to read:
40     319.30  Definitions; dismantling, destruction, change of
41identity of motor vehicle or mobile home; salvage.--
42     (1)  As used in this section, the term:
43     (a)  "Certificate of destruction" means the certificate
44issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
45     Section 2.  Subsection (1) of section 323.001, Florida
46Statutes, is republished, and paragraph (c) of subsection (2) of
47that section is amended, to read:
48     323.001  Wrecker operator storage facilities; vehicle
49holds.--
50     (1)  An investigating agency may place a hold on a motor
51vehicle stored within a wrecker operator's storage facility for
52a period not to exceed 5 days, excluding holidays and weekends,
53unless extended in writing.
54     (2)  The investigating agency must notify the wrecker
55operator in writing within 5 days, excluding holidays and
56weekends, whether the hold is to be continued. If no
57notification follows this period of time, the wrecker operator
58may release the vehicle to the designated person pursuant to s.
59713.78.
60     (c)  The towing and storage rates for the owner or
61lienholder of the held vehicle shall not exceed the contract or
62county rates for the investigating agency.
63     Section 3.  Subsections (2), (4), (5), (7), and (10) of
64section 713.78, Florida Statutes, are amended to read:
65     713.78  Liens for recovering, towing, or storing vehicles
66and vessels.--
67     (2)  Whenever a person regularly engaged in the business of
68transporting vehicles or vessels by wrecker, tow truck, or car
69carrier recovers, removes, or stores a vehicle or, vessel, or
70mobile home upon instructions from:
71     (a)  The owner thereof; or
72     (b)  The owner or lessor, or a person authorized by the
73owner or lessor, of property on which such vehicle or vessel is
74wrongfully parked, and such removal is done in compliance with
75s. 715.07; or
76     (c)  Any law enforcement agency,; or
77     (d)  A mobile home park owner as defined in s. 723.003 who
78has a current writ of possession for a mobile home lot pursuant
79to s. 723.061,
80
81she or he shall have a lien on the such vehicle or vessel for a
82reasonable towing fee and for a reasonable storage fee; except
83that no storage fee shall be charged if the such vehicle is
84stored for less than 6 hours.
85     (4)(a)  Any person regularly engaged in the business of
86recovering, towing, or storing vehicles or vessels who comes
87into possession of a vehicle or vessel pursuant to subsection
88(2), and who claims a lien for recovery, towing, or storage
89services, shall give notice to the registered owner, the
90insurance company insuring the vehicle notwithstanding the
91provisions of s. 627.736, and to all persons claiming a lien
92thereon, as disclosed by the records in the Department of
93Highway Safety and Motor Vehicles or of a corresponding agency
94in any other state.
95     (b)  Whenever any law enforcement agency authorizes the
96removal of a vehicle or vessel or whenever any towing service,
97garage, repair shop, or automotive service, storage, or parking
98place notifies the law enforcement agency of possession of a
99vehicle or vessel pursuant to s. 715.07(2)(a)2., the applicable
100law enforcement agency shall contact the Department of Highway
101Safety and Motor Vehicles, or the appropriate agency of the
102state of registration, if known, within 24 hours through the
103medium of electronic communications, giving the full description
104of the vehicle or vessel. Upon receipt of the full description
105of the vehicle or vessel, the department shall search its files
106to determine the owner's name, the insurance company insuring
107the vehicle or vessel, and whether any person has filed a lien
108upon the vehicle or vessel as provided in s. 319.27(2) and (3)
109and notify the applicable law enforcement agency within 72
110hours. The person in charge of the towing service, garage,
111repair shop, or automotive service, storage, or parking place
112shall obtain such information from the applicable law
113enforcement agency within 5 days after from the date of storage
114and shall give notice pursuant to paragraph (a). The department
115may release the insurance company information to the requestor
116notwithstanding the provisions of s. 627.736.
117     (c)  Notice by certified mail, return receipt requested,
118shall be sent within 7 business days after the date of storage
119of the vehicle or vessel to the registered owner, the insurance
120company insuring the vehicle notwithstanding the provisions of
121s. 627.736, and all persons of record claiming a lien against
122the vehicle or vessel. It shall state the fact of possession of
123the vehicle or vessel, that a lien as provided in subsection (2)
124is claimed, that charges have accrued and the amount thereof,
125that the lien is subject to enforcement pursuant to law, and
126that the owner or lienholder, if any, has the right to a hearing
127as set forth in subsection (5), and that any vehicle or vessel
128which remains unclaimed, or for which the charges for recovery,
129towing, or storage services remain unpaid, may be sold free of
130all prior liens after 35 days if the vehicle or vessel is more
131than 3 years of age or after 50 days if the vehicle or vessel is
1323 years of age or less.
133     (d)  If attempts to locate the name and address of the
134owner or lienholder prove unsuccessful, the towing-storage
135operator shall, after 7 working days, excluding Saturday and
136Sunday, of the initial tow or storage, notify the public agency
137of jurisdiction in writing by certified mail or acknowledged
138hand delivery that the towing-storage company has been unable to
139locate the name and address of the owner or lienholder and a
140physical search of the vehicle or vessel has disclosed no
141ownership information and a good faith effort has been made. For
142purposes of this paragraph and subsection (9), "good faith
143effort" means that the following checks have been performed by
144the company to establish prior state of registration and for
145title:
146     1.  Check of vehicle or vessel for any type of tag, tag
147record, temporary tag, or regular tag.
148     2.  Check of law enforcement report for tag number or other
149information identifying the vehicle or vessel, if the vehicle or
150vessel was towed at the request of a law enforcement officer.
151     3.  Check of trip sheet or tow ticket of tow truck operator
152to see if a tag was on vehicle or vessel at beginning of tow, if
153private tow.
154     4.  If there is no address of the owner on the impound
155report, check of law enforcement report to see if an out-of-
156state address is indicated from driver license information.
157     5.  Check of vehicle or vessel for inspection sticker or
158other stickers and decals that may indicate a state of possible
159registration.
160     6.  Check of the interior of the vehicle or vessel for any
161papers that may be in the glove box, trunk, or other areas for a
162state of registration.
163     7.  Check of vehicle for vehicle identification number.
164     8.  Check of vessel for vessel registration number.
165     9.  Check of vessel hull for a hull identification number
166which should be carved, burned, stamped, embossed, or otherwise
167permanently affixed to the outboard side of the transom or, if
168there is no transom, to the outmost seaboard side at the end of
169the hull that bears the rudder or other steering mechanism.
170     (5)(a)  The owner of a vehicle or vessel removed pursuant
171to the provisions of subsection (2), or any person claiming a
172lien, other than the towing-storage operator, within 10 days
173after the time she or he has knowledge of the location of the
174vehicle or vessel, may file a complaint in the county court of
175the county in which the vehicle or vessel is stored or in which
176the owner resides to determine if her or his property was
177wrongfully taken or withheld from her or him.
178     (b)  Upon filing of a complaint, an owner or lienholder may
179have her or his vehicle or vessel released upon posting with the
180court a cash or surety bond or other adequate security equal to
181the amount of the charges for towing or storage and lot rental
182amount to ensure the payment of such charges in the event she or
183he does not prevail. Upon the posting of the bond and the
184payment of the applicable fee set forth in s. 28.24, the clerk
185of the court shall issue a certificate notifying the lienor of
186the posting of the bond and directing the lienor to release the
187vehicle or vessel. At the time of such release, after reasonable
188inspection, she or he shall give a receipt to the towing-storage
189company reciting any claims she or he has for loss or damage to
190the vehicle or vessel or the contents thereof.
191     (c)  Upon determining the respective rights of the parties,
192the court may award damages, attorney's fees, and costs in favor
193of the prevailing party. In any event, the final order shall
194provide for immediate payment in full of recovery, towing, and
195storage fees by the vehicle or vessel owner or lienholder; or
196the agency ordering the tow; or the owner, lessee, or agent
197thereof of the property from which the vehicle or vessel was
198removed.
199     (7)(a)  A wrecker operator recovering, towing, or storing
200vehicles or vessels is not liable for damages connected with
201such services, theft of such vehicles or vessels, or theft of
202personal property contained in such vehicles or vessels,
203provided that such services have been performed with reasonable
204care and provided, further, that, in the case of removal of a
205vehicle or vessel upon the request of a person purporting, and
206reasonably appearing, to be the owner or lessee, or a person
207authorized by the owner or lessee, of the property from which
208such vehicle or vessel is removed, such removal has been done in
209compliance with s. 715.07. Further, a wrecker operator is not
210liable for damage to a vehicle, vessel, or cargo that obstructs
211the normal movement of traffic or creates a hazard to traffic
212and is removed in compliance with the request of a law
213enforcement officer. connected with such services when complying
214with the lawful directions of a law enforcement officer to
215remove a vehicle stopped, standing, or parked upon a street or
216highway in such a position as to obstruct the normal movement of
217traffic or in such a condition as to create a hazard to other
218traffic upon the street or highway.
219     (b)  For the purposes of this subsection, a wrecker
220operator is presumed to use reasonable care to prevent the theft
221of a vehicle or vessel or of any personal property contained in
222such vehicle stored in the wrecker operator's storage facility
223if all of the following apply:
224     1.  The wrecker operator surrounds the storage facility
225with a chain-link or solid-wall type fence at least 6 feet in
226height;
227     2.  The wrecker operator has illuminated the storage
228facility with lighting of sufficient intensity to reveal persons
229and vehicles at a distance of at least 150 feet during
230nighttime; and
231     3.  The wrecker operator uses one or more of the following
232security methods to discourage theft of vehicles or vessels or
233of any personal property contained in such vehicles or vessels
234stored in the wrecker operator's storage facility:
235     a.  A night dispatcher or watchman remains on duty at the
236storage facility from sunset to sunrise;
237     b.  A security dog remains at the storage facility from
238sunset to sunrise;
239     c.  Security cameras or other similar surveillance devices
240monitor the storage facility; or
241     d.  A security guard service examines the storage facility
242at least once each hour from sunset to sunrise.
243     (c)  Any law enforcement agency requesting that a motor
244vehicle be removed from an accident scene, street, or highway
245must conduct an inventory and prepare a written record of all
246personal property found in the vehicle before the vehicle is
247removed by a wrecker operator. However, if the owner or driver
248of the motor vehicle is present and accompanies the vehicle, no
249inventory by law enforcement is required. A wrecker operator is
250not liable for the loss of personal property alleged to be
251contained in such a vehicle when such personal property was not
252identified on the inventory record prepared by the law
253enforcement agency requesting the removal of the vehicle.
254     (10)  Persons who provide services pursuant to this section
255shall permit vehicle or vessel owners or their agents, which
256agency is evidenced by an original a writing acknowledged by the
257owner before a notary public or other person empowered by law to
258administer oaths, to inspect the towed vehicle or vessel and
259shall release to the owner or agent the vehicle, vessel, or all
260personal property not affixed to the vehicle or vessel which was
261in the vehicle or vessel at the time the vehicle or vessel came
262into the custody of the person providing such services.
263     Section 4.  Effective January 1, 2006, section 713.785,
264Florida Statutes, is created to read:
265     713.785  Liens for recovering, towing, or storing mobile
266homes.--
267     (1)  As used in this section, the term:
268     (a)  "Mobile home transport company" means a person
269regularly engaged in the business of transporting mobile homes.
270     (b)  "Store" means a mobile home transport company has
271legal possession of a mobile home either on the mobile home
272transport company's property or on any other property.
273     (c)  "Unpaid lot rental amount" or "rent" means any unpaid
274financial obligations of the mobile home owner or tenant to the
275mobile home park owner defined as "lot rental amount" in s.
276723.003 or "rent" in part II of chapter 83 and includes any
277amounts defined as storage charges in s. 723.084.
278     (2)  If the mobile home transport company recovers,
279removes, or stores a mobile home upon instructions from:
280     (a)  The owner of the mobile home;
281     (b)  Any law enforcement agency; or
282     (c)  A mobile home park owner as defined in s. 723.003 who
283has a current writ of possession for a mobile home lot under s.
284723.062 or s. 83.62,
285
286the mobile home transport company has a lien on the mobile home
287for a reasonable towing fee and for a reasonable storage fee.
288     (3)(a)  A mobile home transport company that comes into
289possession of a mobile home under subsection (2) and that claims
290a lien for recovery, towing, or storage services must give
291notice to the registered owner and to all persons claiming a
292lien on the mobile home as disclosed by the records in the
293Department of Highway Safety and Motor Vehicles or of a
294corresponding agency in any other state.
295     (b)  Notice by certified mail, return receipt requested,
296shall be sent within 7 business days after the date of storage
297of the mobile home to the registered owner at the owner's last
298known address and all persons of record claiming a lien against
299the mobile home. The notice shall state the fact of possession
300of the mobile home, that a lien as provided in subsection (2) is
301claimed, that charges have accrued and the amount thereof, that
302the lien is subject to enforcement under law, that the owner or
303lienholder, if any, has the right to a hearing as set forth in
304subsection (4), and that any mobile home which remains unclaimed
305or for which charges remain unpaid may be sold free of all prior
306liens after 35 days of the eviction proceeding that resulted in
307the issuance of the writ of possession, provided that any
308lienholder entitled to notice pursuant to s. 723.084 has
309received such notice and has failed to act pursuant to s.
310723.084 to pay storage charges, take possession of the home, or
311take legal action to foreclose its interest prior to issuance of
312the writ of possession.
313     (4)(a)  The owner of a mobile home stored under subsection
314(2), or any person claiming a lien of record, other than the
315mobile home transport company, within 10 days after the time she
316or he has knowledge of the location of the mobile home, may file
317a complaint in the court of the county in which the mobile home
318is stored to determine if her or his property was wrongfully
319taken or withheld from her or him.
320     (b)  Upon filing of a complaint, an owner or lienholder may
321have the mobile home released upon posting with the court a cash
322or surety bond or other adequate security equal to the amount of
323the charges for towing or storage and lot rental amount due and
324owing at that time to ensure the payment of the charges in the
325event she or he does not prevail. Upon the posting of the bond
326and the payment of the applicable fee set forth in s. 28.24, the
327clerk of the court shall issue a certificate notifying the
328mobile home transport company of the posting of the bond and
329directing the mobile home transport company to release the
330mobile home. At the time of the release, after reasonable
331inspection, she or he shall give a receipt to the mobile home
332transport company citing any claims she or he has for loss or
333damage to the mobile home or the contents thereof.
334     (c)  Upon determining the respective rights of the parties,
335the court may award damages and costs in favor of the prevailing
336party. The final order shall provide for immediate payment in
337full, of any lien for recovery, towing, and storage fees and any
338unpaid lot rental amount accruing until the time the home is
339removed from the property, by the mobile home owner or
340lienholder or the owner, lessee, or agent thereof of the
341property from which the mobile home was removed.
342     (5)  A mobile home that is stored under subsection (2) and
343which remains unclaimed or for which reasonable charges for
344recovery, towing, or storing remain unpaid or for which a lot
345rental amount is due and owing to the mobile home park owner as
346evidenced by a judgment for unpaid rent and any contents of the
347mobile home not released under subsection (9) may be sold by the
348mobile home transport company for the towing or storage charge
349and any unpaid lot rental amount 35 days after the mobile home
350is stored by a mobile home transport company. The sale shall be
351at public auction for cash. If the date of the sale was not
352included in the notice required by subsection (3), notice of the
353sale must be given to the person in whose name the mobile home
354is registered at her or his last known address, to the mobile
355home park owner, and to all persons claiming a lien on the
356mobile home as shown on the records of the Department of Highway
357Safety and Motor Vehicles or of the corresponding agency in any
358other state. Notice must be sent by certified mail, return
359receipt requested, at least 15 days before the date of the sale.
360If the name and address of the registered owner or the owner of
361the recorded lien cannot be ascertained after diligent search
362and inquiry, the requirements for notice by mail may be
363dispensed with. In addition to the notice by mail, public notice
364of the time and place of sale must be made by publishing a
365notice of the sale one time, at least 10 days before the date of
366the sale, in a newspaper of general circulation in the county in
367which the sale is to be held. The proceeds of the sale, after
368payment of reasonable towing and storage charges, costs of the
369sale, and the unpaid lot rental amount as evidenced by the
370judgment for unpaid lot rental and an affidavit executed by the
371mobile home park owner or the owner's agent establishing the
372amount of unpaid lot rental amount through the date of the sale,
373in that order of priority, must be deposited with the clerk of
374the circuit court for the county if the owner is absent, and the
375clerk shall hold the proceeds subject to the claim of the person
376legally entitled to those proceeds. The clerk is entitled to
377receive 5 percent of the proceeds for the care and disbursement
378of the proceeds. The certificate of title issued under this
379section shall be discharged of all liens unless otherwise
380provided by court order.
381     (6)  The mobile home transport company, the landlord or his
382or her agent, or any subsequent purchaser for value is not
383responsible to the tenant or any other party for loss,
384destruction, or damage to the mobile home or other personal
385property after coming into possession of the mobile home under
386this section, provided the mobile home transport company, the
387landlord, or the agent of either uses reasonable care in storing
388the mobile home. As used in this subsection, the term
389"reasonable care" means securing the mobile home by changing
390door locks, or any similar methods for securing the mobile home,
391in place in the mobile home park or in a separate storage area.
392     (7)(a)  A mobile home transport company that comes into
393possession of a mobile home under subsection (2) and that
394complies with subsection (3), if the mobile home is to be sold
395for purposes of being dismantled, destroyed, or changed so that
396it is not the mobile home described in the certificate of title,
397must apply to the county tax collector for a certificate of
398destruction. A certificate of destruction, which authorizes the
399dismantling or destruction of the mobile home described in the
400certificate, is reassignable no more than twice before
401dismantling or destruction of the mobile home and the
402certificate must accompany the mobile home for which it is
403issued when the mobile home is sold for that purpose, in lieu of
404a certificate of title. The application for a certificate of
405destruction must include an affidavit from the applicant that it
406has complied with all applicable requirements of this section;
407must, if the mobile home is not registered in this state,
408include a statement from a law enforcement officer that the
409mobile home is not reported stolen; and shall be accompanied by
410any other documentation as may be required by the department.
411     (b)  The Department of Highway Safety and Motor Vehicles
412shall charge a fee of $3 for each certificate of destruction.
413The tax collector who processes the application shall collect
414and retain a service charge of $4.25.
415     (c)  The Department of Highway Safety and Motor Vehicles
416may adopt rules to administer this subsection.
417     (d)  Employees of the Department of Highway Safety and
418Motor Vehicles and law enforcement officers may inspect the
419records of each mobile home transport company in this state to
420ensure compliance with this section.
421     (8)(a)  Upon receipt by the Department of Highway Safety
422and Motor Vehicles of written notice from a mobile home
423transport company that claims a lien under paragraph (2)(b) or
424paragraph (2)(c) for recovery, towing, or storage of a mobile
425home for which a certificate of destruction has been issued
426under subsection (7), the department shall place the name of the
427registered owner of that mobile home on the list of those
428persons who may not be issued a revalidation sticker under s.
429320.03. If the mobile home is owned jointly by more than one
430person, the name of each registered owner must be placed on the
431list. The notice of a mobile home transport company's lien must
432be submitted on forms provided by the department, which must
433include:
434     1.  The name, address, and telephone number of the mobile
435home transport company.
436     2.  The name of the registered owner of the mobile home and
437the address to which the mobile home transport company provided
438notice of the lien to the registered owner under subsection (3).
439     3.  A general description of the mobile home, including its
440color, make, model, body style, and year.
441     4.  The mobile home sticker number, state, and year or
442other identification number, as applicable.
443     5.  The name of the person or the corresponding law
444enforcement agency that requested that the mobile home be
445recovered, towed, or stored.
446     6.  The amount of the lien, not to exceed the amount
447allowed by paragraph (b).
448     (b)  For purposes of this subsection, the amount of the
449mobile home transport company's lien for which the department
450will prevent issuance of a revalidation sticker may not exceed
451the amount of the charges for recovery, towing, and storage of
452the mobile home for 7 days. These charges may not exceed the
453maximum rates imposed by the ordinances of the respective county
454or municipality under ss. 125.0103(1)(c) and 166.043(1)(c). This
455paragraph does not limit the amount of a mobile home transport
456company's lien claimed under subsection (2) or prevent a mobile
457home transport company from seeking civil remedies for
458enforcement of the entire amount of the lien, but limits only
459that portion of the lien for which the department will prevent
460issuance of a revalidation sticker.
461     (c)1.  The registered owner of the mobile home may dispute
462the mobile home transport company's lien by notifying the
463department of the dispute in writing on forms provided by the
464department, if at least one of the following applies:
465     a.  The registered owner presents a notarized bill of sale
466proving that the mobile home was sold in a private or casual
467sale before the mobile home was recovered, towed, or stored.
468     b.  The registered owner presents proof that the Florida
469certificate of title of the mobile home was sold to a licensed
470dealer as defined in s. 319.001 before the mobile home was
471recovered, towed, or stored.
472     c.  The records of the department were marked to indicate
473that the mobile home was sold before the issuance of the
474certificate of destruction under subsection (7).
475
476If the registered owner's dispute of a mobile home transport
477company's lien complies with one of these criteria, the
478department shall immediately remove the registered owner's name
479from the list of those persons who may not be issued a
480revalidation sticker under s. 320.03. If the mobile home is
481owned jointly by more than one person, each registered owner
482must dispute the mobile home transport company's lien in order
483to be removed from the list. However, the department shall deny
484any dispute and maintain the registered owner's name on the list
485of those persons who may not be issued a revalidation sticker if
486the mobile home transport company has provided the department
487with a certified copy of the judgment of a court which orders
488the registered owner to pay the mobile home transport company's
489lien claimed under this section. In such a case, the amount of
490the mobile home transport company's lien authorized by paragraph
491(b) may be increased to include no more than $500 of the
492reasonable costs and attorney's fees incurred in obtaining the
493judgment. The department's action under this subparagraph is
494ministerial in nature, is not final agency action, and is
495appealable only to the county court for the county in which the
496mobile home was ordered removed.
497     2.  A person against whom a mobile home transport company's
498lien has been imposed may alternatively obtain a discharge of
499the lien by filing a complaint, challenging the validity of the
500lien or the amount thereof, in the county court of the county in
501which the mobile home was ordered removed. Upon filing of the
502complaint, the person may have her or his name removed from the
503list of those persons who may not be issued a revalidation
504sticker for any mobile home under s. 320.03 upon posting with
505the court a cash or surety bond or other adequate security equal
506to the amount of the mobile home transport company's lien to
507ensure the payment of the lien in the event she or he does not
508prevail. Upon the posting of the bond and the payment of the
509applicable fee set forth in s. 28.24, the clerk of the court
510shall issue a certificate notifying the department of the
511posting of the bond and directing the department to release the
512mobile home transport company's lien. Upon determining the
513respective rights of the parties, the court may award damages
514and costs in favor of the prevailing party.
515     3.  If a person against whom a mobile home transport
516company's lien has been imposed does not object to the lien but
517cannot discharge the lien by payment because the mobile home
518transport company has moved or gone out of business, the person
519may have her or his name removed from the list of those persons
520who may not be issued a revalidation sticker under s. 320.03
521upon posting with the clerk of court in the county in which the
522mobile home was ordered removed a cash or surety bond or other
523adequate security equal to the amount of the mobile home
524transport company's lien. Upon the posting of the bond and the
525payment of the application fee set forth in s. 28.24, the clerk
526of the court shall issue a certificate notifying the department
527of the posting of the bond and directing the department to
528release the mobile home transport company's lien. The department
529shall mail to the mobile home transport company, at the address
530upon the lien form, notice that the mobile home transport
531company must claim the security within 60 days or the security
532will be released to the person who posted it. At the conclusion
533of the 60 days, the department shall direct the clerk as to
534which party is entitled to payment of the security, less
535applicable fees of the clerk.
536     4.  A mobile home transport company's lien expires 5 years
537after its filing.
538     (d)  Upon discharge of the amount of the mobile home
539transport company's lien allowed under paragraph (b), the mobile
540home transport company must issue a certificate of discharged
541lien on a form provided by the department to each registered
542owner of the mobile home attesting that the amount of the mobile
543home transport company's lien allowed under paragraph (b) has
544been discharged. Upon presentation of the certificate of
545discharged lien by the registered owner, the department shall
546immediately remove the registered owner's name from the list of
547those persons who may not be issued a revalidation sticker under
548s. 320.03. Issuance of a certificate of discharged lien under
549this paragraph does not discharge the entire amount of the
550mobile home transport company's lien claimed under subsection
551(2) but certifies to the department only that the amount of the
552mobile home transport company's lien allowed by paragraph (b),
553for which the department will prevent issuance of a revalidation
554sticker, has been discharged.
555     (e)  When a mobile home transport company files a notice of
556lien under this subsection, the department shall charge the
557mobile home transport company a fee of $2, which must be
558deposited into the General Revenue Fund. The tax collector who
559processes a notice of lien shall collect and retain a service
560charge of $2.50.
561     (f)  The Department of Highway Safety and Motor Vehicles
562may adopt rules to administer this subsection.
563     (9)  Persons who provide services under this section shall
564permit a mobile home owner or her or his agent, whose agency is
565evidenced by a writing acknowledged by the owner before a notary
566public or other person empowered by law to administer oaths, to
567inspect the mobile home and shall release to the owner or agent
568all personal property not affixed to the mobile home, provided
569there exists no landlord's lien for rent under s. 713.691 or s.
570713.77.
571     (10)  Any person who violates subsection (3), subsection
572(5), subsection (6), subsection (7), or subsection (9) commits a
573misdemeanor of the first degree, punishable as provided in s.
574775.082 or s. 775.083.
575     Section 5.  Section 715.07, Florida Statutes, is amended to
576read:
577     715.07  Vehicles or vessels parked on private property;
578towing.--
579     (1)  As used in this section, the term "vehicle" means any
580mobile item which normally uses wheels, whether motorized or
581not.
582     (2)  The owner or lessee of real property, or any person
583authorized by the owner or lessee, which person may be the
584designated representative of the condominium association if the
585real property is a condominium, may cause any vehicle or vessel
586parked on such property without her or his permission to be
587removed by a person regularly engaged in the business of towing
588vehicles or vessels, without liability for the costs of removal,
589transportation, or storage or damages caused by such removal,
590transportation, or storage, under any of the following
591circumstances:
592     (a)  The towing or removal of any vehicle or vessel from
593private property without the consent of the registered owner or
594other legally authorized person in control of that vehicle or
595vessel is subject to strict compliance with the following
596conditions and restrictions:
597     1.a.  Any towed or removed vehicle or vessel must be stored
598at a site within a 10-mile radius 10 miles of the point of
599removal in any county of 500,000 population or more, and within
600a 15-mile radius 15 miles of the point of removal in any county
601of less than 500,000 population. That site must be open for the
602purpose of redemption of vehicles on any day that the person or
603firm towing such vehicle or vessel is open for towing purposes,
604from 8:00 a.m. to 6:00 p.m., and, when closed, shall have
605prominently posted a sign indicating a telephone number where
606the operator of the site can be reached at all times.  Upon
607receipt of a telephoned request to open the site to redeem a
608vehicle or vessel, the operator shall return to the site within
6091 hour or she or he will be in violation of this section.
610     b.  If no towing business providing such service is located
611within the area of towing limitations set forth in sub-
612subparagraph a., the following limitations apply:  any towed or
613removed vehicle or vessel must be stored at a site within a 20-
614mile radius 20 miles of the point of removal in any county of
615500,000 population or more, and within a 30-mile radius 30 miles
616of the point of removal in any county of less than 500,000
617population.
618     2.  The person or firm towing or removing the vehicle or
619vessel shall, within 30 minutes after of completion of such
620towing or removal, notify the municipal police department or, in
621an unincorporated area, the sheriff of such towing or removal,
622the storage site, the time the vehicle or vessel was towed or
623removed, and the make, model, color, and license plate number of
624the vehicle or description and registration number of the vessel
625and shall obtain the name of the person at that department to
626whom such information was reported and note that name on the
627trip record.
628     3.  A person in the process of towing or removing a vehicle
629or vessel from the premises or parking lot in which the vehicle
630or vessel is not lawfully parked must stop when a person seeks
631the return of the vehicle or vessel. The vehicle or vessel must
632be returned upon the payment of a reasonable service fee of not
633more than one-half of the posted rate for the towing or removal
634service as provided in subparagraph 6. The vehicle or vessel may
635be towed or removed if, after a reasonable opportunity, the
636owner or legally authorized person in control of the vehicle or
637vessel is unable to pay the service fee. If the vehicle or
638vessel is redeemed, a detailed signed receipt must be given to
639the person redeeming the vehicle or vessel. If the registered
640owner or other legally authorized person in control of the
641vehicle arrives at the scene prior to removal or towing of the
642vehicle, the vehicle shall be disconnected from the towing or
643removal apparatus, and that person shall be allowed to remove
644the vehicle without interference upon the payment of a
645reasonable service fee of not more than one-half of the posted
646rate for such towing service as provided in subparagraph 6., for
647which a receipt shall be given, unless that person refuses to
648remove the vehicle which is otherwise unlawfully parked.
649     4.  A person may not pay or accept money or other valuable
650consideration for the privilege of towing or removing vehicles
651or vessels from a particular location. The rebate or payment of
652money or any other valuable consideration from the individual or
653firm towing or removing vehicles to the owners or operators of
654the premises from which the vehicles are towed or removed, for
655the privilege of removing or towing those vehicles, is
656prohibited.
657     5.  Except for property appurtenant to and obviously a part
658of a single-family residence, and except for instances when
659notice is personally given to the owner or other legally
660authorized person in control of the vehicle or vessel that the
661area in which that vehicle or vessel is parked is reserved or
662otherwise unavailable for unauthorized vehicles or vessels and
663that the vehicle or vessel is subject to being removed at the
664owner's or operator's expense, any property owner or lessee, or
665person authorized by the property owner or lessee, prior to
666towing or removing any vehicle or vessel from private property
667without the consent of the owner or other legally authorized
668person in control of that vehicle or vessel, must post a notice
669meeting the following requirements:
670     a.  The notice must be prominently placed at each driveway
671access or curb cut allowing vehicular access to the property,
672within 5 feet from the public right-of-way line.  If there are
673no curbs or access barriers, the signs must be posted not less
674than one sign for each 25 feet of lot frontage.
675     b.  The notice must clearly indicate, in not less than 2-
676inch high, light-reflective letters on a contrasting background,
677that unauthorized vehicles will be towed away at the owner's
678expense.  The words "tow-away zone" must be included on the sign
679in not less than 4-inch high letters.
680     c.  The notice must also provide the name and current
681telephone number of the person or firm towing or removing the
682vehicles or vessels, if the property owner, lessee, or person in
683control of the property has a written contract with the towing
684company.
685     d.  The sign structure containing the required notices must
686be permanently installed with the words "tow-away zone" not less
687than 3 feet and not more than 6 feet above ground level and must
688be continuously maintained on the property for not less than 24
689hours prior to the towing or removal of any vehicles or vessels.
690     e.  The local government may require permitting and
691inspection of these signs prior to any towing or removal of
692vehicles or vessels being authorized.
693     f.  A business with 20 or fewer parking spaces satisfies
694the notice requirements of this subparagraph by prominently
695displaying a sign stating "Reserved Parking for Customers Only
696Unauthorized Vehicles or Vessels Will be Towed Away At the
697Owner's Expense" in not less than 4-inch high, light-reflective
698letters on a contrasting background.
699     g.  A property owner towing or removing vessels from real
700property must post notice, consistent with the requirements in
701sub-subparagraphs a.-f., which apply to vehicles, that
702unauthorized vehicles or vessels will be towed away at the
703owner's expense.
704
705A business owner or lessee may authorize the removal of a
706vehicle or vessel by a towing company when the vehicle or vessel
707is parked in such a manner that restricts the normal operation
708of business; and if a vehicle or vessel parked on a public
709right-of-way obstructs access to a private driveway the owner,
710lessee, or agent may have the vehicle or vessel removed by a
711towing company upon signing an order that the vehicle or vessel
712be removed without a posted tow-away zone sign.
713     6.  Any person or firm that tows or removes vehicles or
714vessels and proposes to require an owner, operator, or person in
715control of a vehicle or vessel to pay the costs of towing and
716storage prior to redemption of the vehicle or vessel must file
717and keep on record with the local law enforcement agency a
718complete copy of the current rates to be charged for such
719services and post at the storage site an identical rate schedule
720and any written contracts with property owners, lessees, or
721persons in control of property which authorize such person or
722firm to remove vehicles or vessels as provided in this section.
723     7.  Any person or firm towing or removing any vehicles or
724vessels from private property without the consent of the owner
725or other legally authorized person in control of the vehicles or
726vessels shall, on any trucks, wreckers as defined in s.
727713.78(1)(c), or other vehicles used in the towing or removal,
728have the name, address, and telephone number of the company
729performing such service clearly printed in contrasting colors on
730the driver and passenger sides of the vehicle.  The name shall
731be in at least 3-inch permanently affixed letters, and the
732address and telephone number shall be in at least 1-inch
733permanently affixed letters.
734     8.  Vehicle entry for the purpose of removing the vehicle
735or vessel shall be allowed with reasonable care on the part of
736the person or firm towing the vehicle or vessel.  Such person or
737firm shall be liable for any damage occasioned to the vehicle or
738vessel if such entry is not in accordance with the standard of
739reasonable care.
740     9.  When a vehicle or vessel has been towed or removed
741pursuant to this section, it must be released to its owner or
742custodian within one hour after requested. Any vehicle or vessel
743owner, custodian, or agent shall have the right to inspect the
744vehicle or vessel before accepting its return, and no release or
745waiver of any kind which would release the person or firm towing
746the vehicle or vessel from liability for damages noted by the
747owner or other legally authorized person at the time of the
748redemption may be required from any vehicle or vessel owner,
749custodian, or agent as a condition of release of the vehicle or
750vessel to its owner.  A detailed, signed receipt showing the
751legal name of the company or person towing or removing the
752vehicle or vessel must be given to the person paying towing or
753storage charges at the time of payment, whether requested or
754not.
755     (b)  These requirements are shall be the minimum standards
756and do shall not preclude enactment of additional regulations by
757any municipality or county including the right to regulate rates
758when vehicles or vessels are towed from private property.
759     (3)  This section does not apply to law enforcement,
760firefighting, rescue squad, ambulance, or other emergency
761vehicles or vessels that which are marked as such or to property
762owned by any governmental entity.
763     (4)  When a person improperly causes a vehicle or vessel to
764be removed, such person shall be liable to the owner or lessee
765of the vehicle or vessel for the cost of removal,
766transportation, and storage; any damages resulting from the
767removal, transportation, or storage of the vehicle or vessel;
768attorney's attorneys' fees; and court costs.
769     (5)(a)  Any person who violates the provisions of
770subparagraph (2)(a)2. or subparagraph (2)(a)6. commits is guilty
771of a misdemeanor of the first degree, punishable as provided in
772s. 775.082 or s. 775.083.
773     (b)  Any person who violates subparagraph (2)(a)1.,
774subparagraph (2)(a)3., subparagraph (2)(a)4., the provisions of
775subparagraph (2)(a)7., or subparagraph (2)(a)9. commits is
776guilty of a felony of the third degree, punishable as provided
777in s. 775.082, s. 775.083, or s. 775.084.
778     Section 6.  Except as otherwise expressly provided in this
779act, this act shall take effect July 1, 2005.


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